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GIOVANELLA v. CONSERVATION COMMISSION OF ASHLAND

447 Mass. 720 (2006)

JOHN M. GIOVANELLA vs. CONSERVATION COMMISSION OF ASHLAND.

Supreme Judicial Court of Massachusetts, Middlesex.

November 28, 2006.

Attorney(s) appearing for the Case

J. David Breemer, of California, for the plaintiff.

Joseph M. Hamilton for the defendant.

Michael E. Malamut & Martin J. Newhouse, for New England Legal Foundation, amicus curiae, submitted a brief.

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

SPINA, J.

This appeal asks us to define the "relevant parcel" in a regulatory takings analysis. The plaintiff, John M. Giovanella, owned two contiguous lots in Ashland. One of the lots contained a house. Giovanella sought an order of conditions from the defendant, the conservation commission of Ashland (commission), that would allow him to build a house on the other lot. The commission denied his request because construction...

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