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BRADY v. CITY COUNCIL OF GLOUCESTER

No. 01-P-763.

59 Mass. App. Ct. 691 (2003)

STEPHEN BRADY & another v. CITY COUNCIL OF GLOUCESTER.

Appeals Court of Massachusetts, Essex.

October 21, 2003.

Attorney(s) appearing for the Case

J. Michael Faherty for the plaintiffs.

Linda Thomas Lowe for the defendant.

Present: DUFFLY, CYPHER, & COHEN, JJ.

COHEN, J.

The city council of Gloucester (council), acting as a special permit granting authority under G. L. c. 40A, § 17, denied the plaintiffs a special permit for the construction of a stone patio on property owned by the plaintiffs as tenants in common with more than twenty other individuals. A judge of the Superior Court upheld the council's decision, ruling that it was legally tenable and reasonable for...

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