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MADAKET REALTY, INC. v. BOARD OF APPEALS OF NANTUCKET

402 Mass. 137 (1988)

521 N.E.2d 723

MADAKET REALTY, INC. vs. BOARD OF APPEALS OF NANTUCKET & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 11, 1988.

Attorney(s) appearing for the Case

John Foskett & Paul R. DeRensis for the Board of Appeals of Nantucket.

Paul Killeen for the plaintiff.

Rhoda H. Weinman, pro se, was present but did not argue.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.

HENNESSEY, C.J.

The plaintiff, Madaket Realty, Inc. (Madaket), owns two lots of land located in the town of Nantucket. It applied to the town for building permits to construct a single-family residence on each of these lots. The town, by its zoning by-law, Nantucket Code § 139-27 (1986), has limited the number of building permits available per year, and allocates them on a weekly basis. The town building inspector maintains a permit "cap line," which is a list...

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