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MONKS v. ZONING BOARD OF APPEALS OF PLYMOUTH

No. 93-P-1258.

37 Mass. App. Ct. 685 (1994)

642 N.E.2d 314

ROGER W. MONKS & another vs. ZONING BOARD OF APPEALS OF PLYMOUTH & another.

Appeals Court of Massachusetts, Plymouth.

November 28, 1994.

Attorney(s) appearing for the Case

John H. Wyman for the plaintiffs.

Sigmund J. Roos for Southwestern Bell Mobile Systems, Inc.

Present: DREBEN, JACOBS, & PORADA, JJ.

JACOBS, J.

When the defendant board of appeals granted the defendant Cellular One a special permit to construct a tower measuring 190 feet in height, the plaintiffs brought a complaint in the Superior Court pursuant to G.L.c. 40A, § 17, seeking annulment of the permit. After its motion for summary judgment alleging that the plaintiffs lacked standing was denied, Cellular One sought reconsideration before another...

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