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KONOVER MANAGEMENT v. PLANNING BOARD OF AUBURN

No. 91-P-601.

32 Mass. App. Ct. 319 (1992)

588 N.E.2d 1365

KONOVER MANAGEMENT CORPORATION & others vs. PLANNING BOARD OF AUBURN.

Appeals Court of Massachusetts, Suffolk.

March 27, 1992.

Attorney(s) appearing for the Case

David A. Guberman (Brian C. Levey with him) for the plaintiffs.

Edward P. Healy, Town Counsel, for the defendant.

Present: KASS, JACOBS, & LAURENCE, JJ.

LAURENCE, J.

The plaintiffs ("Konover") brought an action in the Land Court, pursuant to G.L.c. 40A, § 17, seeking review of the denial by the Auburn planning board (board) of Konover's application for a special permit to develop a shopping mall on land Konover owns in Auburn. The trial judge dismissed the action on the ground that notice of Konover's appeal was not properly given to the town clerk as required...

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