BARBARO v. WROBLEWSKI

No. 97-P-1088.

44 Mass. App. Ct. 269 (1998)

JOHN BARBARO & others v. JOHN T. WROBLEWSKI & another.

Court of Appeals of Massachusetts, Hampshire.

February 6, 1998.


Attorney(s) appearing for the Case

Michael Pill for the plaintiffs.

William C. Newman for John T. Wroblewski.

Alan Seewald for Zoning Board of Appeals of Amherst.

Present: ARMSTRONG, PORADA, & LENK, JJ.


PORADA, J.

The plaintiffs appeal from a decision of the Superior Court affirming the issuance of a special permit by the zoning board of appeals of the town of Amherst (board) after a limited remand to the board for site plan review. The plaintiffs argue that the judge impermissibly usurped the discretionary power of the board by limiting the remand to site plan review, improperly fragmented or bifurcated the special...

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