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COHEN v. ZONING BOARD OF APPEALS OF PLYMOUTH

No. 93-P-785.

35 Mass. App. Ct. 619 (1993)

624 N.E.2d 119

JULIAN COHEN, trustee, & others vs. ZONING BOARD OF APPEALS OF PLYMOUTH & another.

Appeals Court of Massachusetts, Suffolk.

December 10, 1993.

Attorney(s) appearing for the Case

David S. Weiss for the plaintiffs.

John M. Stevens for the defendants.

Present: KAPLAN, JACOBS, & IRELAND, JJ.

JACOBS, J.

In their complaint pursuant to G.L.c. 40A, § 17, the plaintiffs asked the Land Court to annul the decision by the zoning board of appeals of Plymouth (the board) to grant a special permit to the defendant, Cumberland Farms. On cross motions for summary judgment, a judge allowed Cumberland Farms' motion, ruling that none of the plaintiffs is a "person aggrieved," and denied the plaintiffs' motion....

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