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CUMBERLAND FARMS, INC. v. PLANNING BOARD OF BOURNE

No. 00-P-1802.

56 Mass. App. Ct. 605 (2002)

CUMBERLAND FARMS, INC. v. PLANNING BOARD OF BOURNE.

Court of Appeals of Massachusetts, Barnstable.

December 2, 2002.

Attorney(s) appearing for the Case

Thomas O. Moriarty for the plaintiff.

Robert S. Troy, Town Counsel, for the defendant.

Present: BECK, COWIN, & MILLS, JJ.

MILLS, J.

Cumberland Farms, Inc. (Cumberland) appeals from a Superior Court judgment which, upon a complaint in the nature of certiorari, G. L. c. 249, § 4, affirmed the denial by the Bourne planning board (planning board) of site plan approval in connection with an application for a building permit. Cumberland complains that the judge used an inappropriate standard when he reviewed the administrative record, and, upon a proper standard, should have annulled...

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