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INDEPENDENCE PARK v. BD. OF HLT. OF BARNSTABLE

No. 86-1355.

25 Mass. App. Ct. 133 (1987)

515 N.E.2d 1202

INDEPENDENCE PARK, INC. vs. BOARD OF HEALTH OF BARNSTABLE.

Appeals Court of Massachusetts, Barnstable.

December 4, 1987.

Attorney(s) appearing for the Case

Michael D. Ford for the plaintiff.

John H. Henn (Robert D. Smith, Town Counsel, with him) for the defendant.

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

DREBEN, J.

This case concerns the scope of protection accorded by G.L.c. 111, § 127P,1 to a developer who filed a perimeter plan pursuant to G.L.c. 41, § 81P, prior to a February 21, 1985, change in the town's board of health regulations and who, subsequent to the change in regulations, filed a subdivision plan. The developer claims that the filing of its perimeter plan, which...

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