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LOVACO v. ZONING BD. OF APPEALS OF ATTLEBORO

23 Mass. App. Ct. 239 (1986)

500 N.E.2d 843

LOVACO, INC. vs. ZONING BOARD OF APPEALS OF ATTLEBORO.

Appeals Court of Massachusetts, Bristol.

December 4, 1986.

Attorney(s) appearing for the Case

Ronald G. Koback, City Solicitor, for the defendant.

John P. Lee for the plaintiff.

Present: ARMSTRONG, KASS, & FINE, JJ.

ARMSTRONG, J.

The defendant (board) appeals from a decision which held that a condition the board attached to its grant of a special permit application was in excess of the board's authority. The condition was a requirement that the plaintiff (applicant) file a bond in the amount of $900,000 guaranteeing its completion of the proposed project: namely, the extension of a golf course.

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