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QUINN v. ZONING BOARD OF APPEALS OF DALTON

18 Mass. App. Ct. 191 (1984)

464 N.E.2d 395

WILLIAM P. QUINN & others vs. ZONING BOARD OF APPEALS OF DALTON & others (and two companion cases).

Appeals Court of Massachusetts, Berkshire.

May 31, 1984.

Attorney(s) appearing for the Case

Jerry E. Benezra (W. Stanley Cooke with him) for the plaintiffs.

Mitchell W. Boraski for the defendants.

Francis X. Bellotti, Attorney General, & John P. Graceffa, Assistant Attorney General, for Executive Office of Communities and Development, amicus curiae, submitted a brief.

Present: GREANEY, C.J., ARMSTRONG, & SMITH, JJ.

GREANEY, C.J.

By their actions, the plaintiffs challenge a comprehensive permit granted pursuant to G.L.c. 40B, § 21, by the Dalton zoning board of appeals (board) to the Dalton Housing Authority (authority) for the construction of an elderly housing project in the town. Two questions are presented by the appeal: (1) whether the vote taken by the Dalton town meeting pursuant to G.L.c. 121B, § 39, approving the authority's proposal to construct additional...

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