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S. KEMBLE FISCHER REALTY v. BD. APP. OF CONCORD

9 Mass. App. Ct. 477 (1980)

402 N.E.2d 100

S. KEMBLE FISCHER REALTY TRUST vs. BOARD OF APPEALS OF CONCORD.

Appeals Court of Massachusetts, Middlesex.

March 28, 1980.

Attorney(s) appearing for the Case

Thomas F. Costello for the plaintiff.

Paula Bonnell for the defendant.

Present: PERRETTA, ROSE, & KASS, JJ.

KASS, J.

Following denial by the board of appeals of Concord (the board) of a special permit to fill land in a flood plain zone, the plaintiff sought review in the Superior Court under G.L.c. 40A, § 21, as amended through St. 1974, c. 78, § 1.1 In that proceeding the plaintiff was also unsuccessful.

1. On appeal before us the plaintiff attacks adverse findings of the trial judge on the ground that they are inconsistent...

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