HARVARD SQUARE DEFENSE v. PLAN'G BD, CAMBRIDGE

No. 88-P-1000.

27 Mass. App. Ct. 491 (1989)

540 N.E.2d 182

HARVARD SQUARE DEFENSE FUND, INC., & others vs. PLANNING BOARD OF CAMBRIDGE & others.

Appeals Court of Massachusetts, Middlesex.

June 22, 1989.


Attorney(s) appearing for the Case

Thomas B. Bracken for the plaintiffs.

Eric W. Wodlinger (Kenneth W. Gurge with him) for Daniel Calano.

James W. Stoll (Sheldon M. Drucker with him) for Brattle Square Associates.

Present: GREANEY, C.J., DREBEN, & FINE, JJ.


GREANEY, C.J.

A Superior Court judge allowed the defendants' well-supported motion for summary judgment under Mass.R.Civ.P. 56, 365 Mass. 824 (1974), concluding that the plaintiffs lacked standing under G.L.c. 40A, § 17, as amended through St. 1987, c. 498, § 4, to challenge the Cambridge planning board's grant of special permits for the construction of two office-retail buildings in the Harvard Square area of Cambridge.3 We...

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