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BARVENIK v. BOARD OF ALDERMEN OF NEWTON

No. 90-P-503.

33 Mass. App. Ct. 129 (1992)

597 N.E.2d 48

MATTHEW BARVENIK & others vs. BOARD OF ALDERMEN OF NEWTON & another.

Appeals Court of Massachusetts, Suffolk.

August 3, 1992.

Attorney(s) appearing for the Case

Robert Cohen & John M. Babington for the plaintiffs.

Daniel M. Funk, City Solicitor & Michael D. Baseman, Assistant City Solicitor, for Board of Aldermen of Newton.

David S. Weiss & Eric L. Yaffe for The Green Company, Inc.

Present: ARMSTRONG, PERRETTA, & LAURENCE, JJ.

LAURENCE, J.

Various Newton property owners living near the site of the former St. Sebastian's School, now owned by The Green Company, Inc. (Green), filed a complaint in the Land Court, pursuant to G.L.c. 40A, § 17, seeking to annul a special permit granted to Green by the board of aldermen of the city of Newton. All of the plaintiffs reside in a Single Residence 2 district in Newton adjacent to the locus at...

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