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CUMMINGS v. CITY COUNCIL OF GLOUCESTER

No. 89-P-762.

28 Mass. App. Ct. 345 (1990)

551 N.E.2d 46

DAMON E. CUMMINGS & others vs. CITY COUNCIL OF GLOUCESTER & others.

Appeals Court of Massachusetts, Essex.

March 7, 1990.

Attorney(s) appearing for the Case

Cynthia L. Amara for the plaintiffs.

H. Glenn Alberich (Alice E. Moore with him) for Gloucester Landing Associates.

Margaret M. Nelson, Assistant General Counsel, for City Council of Gloucester & another, was present but did not argue.

Present: BROWN, SMITH, & FINE, JJ.

FINE, J.

Various parties brought a timely action under G.L.c. 40A, § 17, challenging the grant of a special permit by the Gloucester city council for construction of a shopping center. The defendants, the developer and the municipality, moved to dismiss the complaint or, in the alternative, for summary judgment, on the grounds that none of the named plaintiffs was "aggrieved" within the meaning of G.L.c. 40A, § 17, and that the complaint failed adequately...

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