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BAGLEY v. ILLYRIAN GARDENS, INC.

No. 89-P-724.

28 Mass. App. Ct. 127 (1989)

546 N.E.2d 883

JOAN BAGLEY & others vs. ILLYRIAN GARDENS, INC., & another.

Appeals Court of Massachusetts, Worcester.

November 27, 1989.

Attorney(s) appearing for the Case

Burton Chandler for the plaintiffs.

Bridget Murphy, Assistant City Solicitor, & David A. Talman (Michael C. Moschos with them) for the defendants.

Present: ARMSTRONG, CUTTER, & PERRETTA, JJ.

PERRETTA, J.

After the judgment of the Worcester division of the Housing Court affirming the grant of a comprehensive permit under G.L.c. 40B, § 21, was reversed for want of jurisdiction, see Bagley v. Illyrian Gardens, Inc., 401 Mass. 822 (1988) (Illyrian I), the rescript was issued to the Housing Court in the normal course. See Mass.R.A.P. 23, as amended, 367 Mass. 921 (1975). There the plaintiffs moved...

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