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GREEN v. BOARD OF APPEALS OF PROVINCETOWN

No. 87-568.

26 Mass. App. Ct. 469 (1988)

529 N.E.2d 159

LAURA GREEN & another vs. BOARD OF APPEALS OF PROVINCETOWN & others.

Appeals Court of Massachusetts, Barnstable.

October 14, 1988.

Attorney(s) appearing for the Case

Michele C. Morley & Robert A. Bianchi for Wyman & Wyman of Provincetown, Inc., submitted a brief.

Present: GREANEY, C.J., CUTTER, GRANT, ARMSTRONG, BROWN, DREBEN, KASS & WARNER, JJ.

ARMSTRONG, J.

The underlying issue in this case is whether, as ruled by a judge of the Superior Court, the defendant Wyman & Wyman of Provincetown, Inc. (W & W), is required by § 1260 of the Provincetown zoning by-law to have a special permit in order to operate a Burger King franchise in premises used until 1986 by a restaurant known as Cicero's.3 Of broader concern, however, is a question of standing: whether the plaintiffs...

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