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PRIME v. ZONING BOARD OF APPEALS OF NORWELL

No. 96-P-638.

42 Mass. App. Ct. 796 (1997)

WILLIAM F. PRIME & others v. ZONING BOARD OF APPEALS OF NORWELL & others; CAROLYN AUWERS AMMON & others, interveners (and a companion case).

Court of Appeals of Massachusetts, Suffolk.

June 9, 1997.

Attorney(s) appearing for the Case

Kenneth H. Tatarian for Carolyn Auwers Ammon & others.

Robert J. Sherer (John T. Thomson with him) for William F. Prime & others.

Robert E. Galvin for Zoning Board of Appeals of Norwell was present but did not argue.

Tara Zadeh, Special Assistant Attorney General, & Christine McCann for the Massachusetts Department of Food and Agriculture, amicus curiae, submitted a brief.

Present: DREBEN, GILLERMAN, & FLANNERY, JJ.

GILLERMAN, J.

These appeals are made up of two cases: one is an appeal from a judgment nullifying the decision of the Norwell zoning board of appeals (board) entered in the Superior Court; the other is an appeal from a judgment entered in the Land Court on a petition for declaratory judgment. The cases were consolidated for trial in the Land Court, with the Land Court judge designated a justice of the Superior Court for purposes of hearing and deciding the cases....

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