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BOARD OF ALDERMEN OF NEWTON v. MANIACE

No. 97-P-1774.

45 Mass. App. Ct. 829 (1998)

BOARD OF ALDERMEN OF NEWTON v. HENRY MANIACE & others.

Court of Appeals of Massachusetts, Suffolk.

December 1, 1998.

Attorney(s) appearing for the Case

Diane C. Tillotson for the plaintiff.

James F. O'Brien for the defendants.

Present: PERRETTA, JACOBS, & LAURENCE, JJ.

PERRETTA, J.

A Land Court judge sitting by designation in the Superior Court concluded that the defendants' application for a special permit and site plan approval had been granted constructively and allowed their motion for summary judgment.2 The ensuing appeal by the board of aldermen of Newton (board)3 brings before us the same question as was before the...

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