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BINGHAM v. CITY COUNCIL OF FITCHBURG

No. 00-P-742.

52 Mass. App. Ct. 566 (2001)

CAROL Y. BINGHAM, trustee v. CITY COUNCIL OF FITCHBURG & others.

Court of Appeals of Massachusetts, Worcester.

September 20, 2001.

Attorney(s) appearing for the Case

Acheson H. Callaghan for the plaintiff.

David S. Weiss for BJ's Wholesale Club, Inc.

Michael J. Ciota, City Solicitor, for city council of Fitchburg.

Present: GREENBERG, GILLERMAN, & DOERFER, JJ.

DOERFER, J.

The plaintiff in this case, waiting until the last possible moment of the last possible day, failed by fifteen minutes to file in the city clerk's office a notice of appeal of the grant of a special permit as required by G. L. c. 40A, § 17.3 We affirm the decision of the Worcester Housing Court granting the defendants' motion for summary judgment and dismissing the plaintiff...

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