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INDEPENDENCE PARK v. BD. OF HLT. OF BARNSTABLE

Nos. 87-234 & 87-235.

25 Mass. App. Ct. 489 (1988)

520 N.E.2d 157

INDEPENDENCE PARK, INC. vs. BOARD OF HEALTH OF BARNSTABLE & another (and a companion case).

Appeals Court of Massachusetts, Barnstable.

March 18, 1988.

Attorney(s) appearing for the Case

Michael D. Ford for the plaintiff.

John H. Henn (Robert D. Smith with him) for the defendants.

Present: DREBEN, KASS, & SMITH, JJ.

DREBEN, J.

This action, brought under G.L.c. 41, § 81BB, is a sequel to Independence Park, Inc. v. Board of Health of Barnstable, ante 133 (1987) (Independence Park I), and, again, the developer claims protection under G.L.c. 111, § 127P. That statute, the developer asserts, precludes the board of health (board) from making a recommendation under G.L.c. 41, § 81U, which is more onerous than the board's regulations. A judge of the...

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