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TOWN OF MIDDLEBOROUGH v. HOUSING APPEALS COMMITTEE

No. 04-P-839.

66 Mass. App. Ct. 39 (2006)

TOWN OF MIDDLEBOROUGH & another vs. HOUSING APPEALS COMMITTEE & another.

Appeals Court of Massachusetts, Plymouth.

April 11, 2006.

Attorney(s) appearing for the Case

Jonathan D. Witten (Barbara M. Huggins with him) for the plaintiffs.

Pierce O. Cray, Assistant Attorney General, for Housing Appeals Committee.

Joseph J. Czerwonka for Delphic Associates, LLC.

Present: ARMSTRONG, C.J., LENK, & COWIN, JJ.

COWIN, J.

Following the denial by the board of appeals of Middleborough of the application of Delphic Associates, LLC (Delphic), for a comprehensive permit for a project including affordable housing, see G. L. c. 40B, §§ 20-23, Delphic appealed to the housing appeals committee (committee) in the Department of Housing and Community Development, which, after a hearing, reversed the board of appeals and ordered the permit to issue. The plaintiffs, the board...

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