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BOARD OF ALDERMEN OF NEWTON v. MANIACE

429 Mass. 726 (1999)

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

Supreme Judicial Court of Massachusetts, Suffolk.

June 18, 1999.

Attorney(s) appearing for the Case

Diane C. Tillotson for the plaintiff.

James F. O'Brien for the defendants.

The following submitted briefs for amici curiae:

Richard A. Nylen, Jr., for Massachusetts Chapter, National Association of Industrial and Office Properties.

Leonard M. Davidson for Citizens Organized for Responsible Development.

William H. Solomon for City Solicitors and Town Counsel Association & another.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

GREANEY, J.

The board of aldermen of Newton (board)2 denied the defendants' application for a special permit and site plan approval to construct a supermarket on Needham Street in Newton. The defendants timely filed with the city clerk a notice claiming a constructive grant of their application and site plan approval.3 The board appealed, pursuant to G. L. c. 40A...

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