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GOVE v. ZONING BOARD OF APPEALS OF CHATHAM

444 Mass. 754 (2005)

ROBERTA GOVE v. ZONING BOARD OF APPEALS OF CHATHAM & another (and a companion case).

Supreme Judicial Court of Massachusetts, Barnstable.

July 26, 2005.

Attorney(s) appearing for the Case

William F. Riley for Roberta Gove.

Bruce P. Gilmore for Zoning Board of Appeals of Chatham & another.

The following submitted briefs for amici curiae:

Gregor I. McGregor for Massachusetts Association of Conservation Commissions.

John A. Pike for Conservation Law Foundation.

James S. Burling & J. David Breemer, of California, for Pacific Legal Foundation.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

Roberta Gove owns "lot 93," an undeveloped parcel of land within a "coastal conservancy district" (conservancy district) in Chatham. In 1998, Ann and Donald J. Grenier agreed to buy lot 93 from Gove, contingent on regulatory approval for the construction of a single-family house on the property. Because Chatham prohibits construction of new residences in the conservancy district, the zoning board of appeals of Chatham (board) denied the Greniers a building...

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