BALDIGA v. BOARD OF APPEALS OF UXBRIDGE


395 Mass. 829 (1985)

482 N.E.2d 809

ROBERT S. BALDIGA, trustee, vs. BOARD OF APPEALS OF UXBRIDGE & another.

Supreme Judicial Court of Massachusetts, Worcester.

September 12, 1985.


Attorney(s) appearing for the Case

Henry J. Lane, Town Counsel (Shelli C. Elfenbein with him) for the defendants.

William R. Baldiga for the plaintiff.

Present: WILKINS, LIACOS, ABRAMS, NOLAN, & O'CONNOR, JJ.


ABRAMS, J.

At issue in this appeal is the interpretation of the second sentence of the fourth paragraph of G.L.c. 40A, § 6, as amended by St. 1979, c. 106. In January, 1984, the plaintiff appealed to a judge of the Superior Court from a decision of the board of appeals of Uxbridge denying building permits to the Keystone Builders Realty Trust for three contiguous lots. After the parties brought cross motions for summary judgment, the judge granted the plaintiff...

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