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BUTLER v. CITY OF WALTHAM

No. 02-P-1512.

63 Mass. App. Ct. 435 (2005)

WILLIAM BUTLER & another v. CITY OF WALTHAM & others.

Appeals Court of Massachusetts, Suffolk.

May 5, 2005.

Attorney(s) appearing for the Case

L. Richard LeClair, III, for the plaintiffs.

Edward Rabinovitz for John H. Smith & another.

Present: McHUGH, COHEN, & GREEN, JJ.

McHUGH, J.

Resolution of this appeal turns on the requirements that a litigant must meet in order to claim status as a "person aggrieved" when appealing a zoning board decision pursuant to G. L. c. 40A, § 17. The defendants John H. Smith and Cornerstone Corporation (Cornerstone) obtained from the zoning board of appeals of Waltham (board) a special permit and variances they needed to combine and develop three parcels of land (locus) in Waltham (city). The plaintiffs...

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