DEPIERO v. BURKE

No. 06-P-401.

70 Mass. App. Ct. 154 (2007)

KIMBERELY DEPIERO, trustee, v. RICHARD L. BURKE & another.

Appeals Court of Massachusetts, Essex..

September 18, 2007.


Attorney(s) appearing for the Case

George O. Gregson for the plaintiff.

William H. Sheehan, III, for the defendants.

Present: PERRETTA, COWIN, & MILLS, JJ.


PERRETTA, J.

When the zoning board of appeals (board) of Newburyport (city) affirmed the city building inspector's grant of a permit allowing the plaintiff, DePiero, to build a single-family residence at 1 Clark Road, the defendants, the Burkes, appealed to the Superior Court pursuant to G. L. c. 40A, § 17 (the zoning appeal). A Superior Court judge concluded that although the Burkes had standing to challenge the board's decision, their substantive claim of insufficient...

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