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RUSSELL v. McOWEN-HANELT

413 Mass. 106 (1992)

595 N.E.2d 766

GORDON S. RUSSELL & another vs. MARGARET MARY McOWEN-HANELT.

Supreme Judicial Court of Massachusetts, Barnstable.

July 16, 1992.

Attorney(s) appearing for the Case

Charles S. Cohen (Ansel B. Chaplin with him) for the plaintiffs.

Peter S. Farber for the defendant.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

LIACOS, C.J.

The plaintiffs, Gordon S. and Jean B. Russell, challenge the dismissal of their appeal from a judgment of the District Court. The underlying case arose from the grant of a special permit by the board of appeals of Truro (board)2 to the defendant McOwen-Hanelt. Before us is only the procedural issue whether the dismissal of the appeal was proper; the merits of the underlying zoning dispute are not before us. We transferred...

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