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YARO v. BOARD OF APPEALS OF NEWBURYPORT

10 Mass. App. Ct. 587 (1980)

410 N.E.2d 725

ROBERT D. YARO & others vs. BOARD OF APPEALS OF NEWBURYPORT.

Appeals Court of Massachusetts, Essex.

September 30, 1980.

Attorney(s) appearing for the Case

Thomas B. Arnold for the plaintiffs.

Richard B. Jones, City Solicitor, for the defendant.

James C. Heigham, for the Massachusetts Newspaper Publishers Association, amicus curiae, submitted a brief.

Present: BROWN, GREANEY, & PERRETTA, JJ.

PERRETTA, J.

The plaintiffs, four registered voters of the city of Newburyport, brought an action in the Superior Court seeking an invalidation of the defendant board's decision on a petition for a special permit to build residential condominiums. They alleged that the board is a "governmental body" as that term is defined in G.L.c. 39, § 23A2 (as amended through St. 1978, c. 372, § 9), and that in

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