UPTON PLANNING BD v. UPTON ZONING BD. OF APP


1982 Mass. App. Div. 34 (1982)

Upton Planning Board vs. The Upton Zoning Board Of Appeals and others

Massachusetts Appellate Division, Western District.

February 24, 1982.


Attorney(s) appearing for the Case

Peter A. Pease for the plaintiff.

Aldo B. Consigli, Jr. for the defendants.

Present: Greenberg, Walsh & Lenhoff, JJ.


Greenberg, J.

This report presents the question of whether the plaintiff's failure to comply with certain aspects of the procedural scheme of the zoning law, specifically, the requirements of M.G.L.c. 40A, § 17 mandating the attachment to the complaint of a copy of the decision appealed from and the sending of written notice to all defendants on a timely basis, calls for dismissal of the appeal. A district court judge, acting on the defendant's Motion to Dismiss...

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