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MARR v. BACK BAY ARCHITECTURAL COMMISSION

23 Mass. App. Ct. 679 (1987)

505 N.E.2d 534

DANIEL F. MARR, trustee, vs. BACK BAY ARCHITECTURAL COMMISSION.

Appeals Court of Massachusetts, Suffolk.

March 25, 1987.

Attorney(s) appearing for the Case

Mary Ellen Nolan, Assistant Corporation Counsel, for the defendant.

Joseph J. Brodigan for the plaintiff.

Mark J. DeFrancisco, for Neighborhood Association of the Back Bay, Inc., & others, amici curiae, submitted a brief.

Present: GRANT, KAPLAN, & BROWN, JJ.

GRANT, J.

This is the first time that either of our appellate courts has had occasion to consider the powers and duties of the Superior Court in reviewing decisions of the Back Bay Architectural Commission (St. 1966, c. 625, as amended). It is also the first time since the decision in Cormier v. Carty, 381 Mass. 234, 235-238 (1980), and Markell v. Sidney B. Pfeifer Foundation, Inc.,

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