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NAHIGIAN v. LEXINGTON

No. 90-P-1377.

32 Mass. App. Ct. 517 (1992)

591 N.E.2d 1095

HAROLD NAHIGIAN vs. TOWN OF LEXINGTON (and a companion case).

Appeals Court of Massachusetts, Suffolk.

May 13, 1992.

Attorney(s) appearing for the Case

Acheson H. Callaghan, Jr. (Martha M. Walz with him) for the defendants.

Brian M. Hurley for the plaintiff.

Present: ARMSTRONG, FINE, & JACOBS, JJ.

FINE, J.

Harold Nahigian, trustee of the Tracer Lane II Realty Trust (Nahigian), brought two actions in the Land Court relating to a parcel of undeveloped land he owns, all but a small portion of which is in the town of Lexington. In one action against Lexington's planning board, he sought review, pursuant to G.L.c. 41, § 81BB, of the board's decision denying approval of a subdivision plan. In the other against the town of Lexington, he sought a declaratory judgment...

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