ROBINSON v. BOARD OF HEALTH OF CHATHAM

No. 01-P-1456.

58 Mass. App. Ct. 394 (2003)

THOMAS ROBINSON & others v. BOARD OF HEALTH OF CHATHAM & another.

Court of Appeals of Massachusetts, Barnstable.

June 27, 2003.


Attorney(s) appearing for the Case

John P. McCormick for the plaintiffs.

Walter H. McLaughlin, Jr., for John J. Heavey, Jr.

Bruce P. Gilmore for Board of Health of Chatham.

Present: LAURENCE, GELINAS, & MILLS, JJ.


LAURENCE, J.

John J. Heavey, Jr., for several years has sought to develop certain lots located on a private way (Nantucket Drive) in Chatham. His efforts have met with implacable opposition by neighbors. Substantial litigation has ensued. This appeal arises out of his success in obtaining variances from the board of health of Chatham (the board) that authorized him to construct a private septic system. Most pertinently to this proceeding, the proposed system would...

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