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McDERMOTT v. BOARD OF APPEALS OF MELROSE

No. 02-P-188.

59 Mass. App. Ct. 457 (2003)

JULIE ANN McDERMOTT v. BOARD OF APPEALS OF MELROSE.

Appeals Court of Massachusetts, Middlesex.

September 30, 2003.

Attorney(s) appearing for the Case

Christopher R. Vaccaro for the plaintiff.

Robert F. Lucas for the defendant.

Present: PORADA, LAURENCE, & KANTROWITZ, JJ.

KANTROWITZ, J.

We consider the consequences to a landowner who was issued a special permit by the board of appeals (board) of the city of Melrose (city) in December of 1990, used the premises as the special permit allowed for approximately nine years, but did not record the board's decision granting the permit with the Middlesex South registry of deeds until 2000.

Under G. L. c. 40A, § 9, a special permit that has been granted but not substantially used...

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