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KCI MANAGEMENT, INC. v. BOARD OF APPEAL OF BOSTON

No. 99-P-504.

54 Mass. App. Ct. 254 (2002)

KCI MANAGEMENT, INC. v. BOARD OF APPEAL OF BOSTON.

Court of Appeals of Massachusetts, Suffolk.

March 20, 2002.

Attorney(s) appearing for the Case

Kabrina Krebel Chang for the defendant.

Nicholas J. Nesgos for the plaintiff.

Present: GREENBERG, BECK, & DUFFLY, JJ.

DUFFLY, J.

Boston's board of appeal (board) has appealed from a judgment declaring invalid portions of a regulatory regime establishing a greenbelt overlay district. Because the governing greenbelt regulations permissibly impose conditions, through site plan review, on uses that otherwise are permitted as of right in the underlying district, we conclude that the overlay scheme is valid. As applied by the board, however, the regulations

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