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BERG v. TOWN OF LEXINGTON

No. 05-P-45.

68 Mass. App. Ct. 569 (2007)

JEROME BERG & others vs. TOWN OF LEXINGTON & others.

Appeals Court of Massachusetts, Suffolk.

April 6, 2007.

Attorney(s) appearing for the Case

Emily Sample for the plaintiffs.

Kenneth L. Kimmell for David E. Burns & others.

Present: Mills, Dreben, & Katzmann, JJ.

DREBEN, J.

The planning board of Lexington approved a "subdivision plan" and a "special permit with site plan review" (special permit) for the construction of residences on three parcels of land on a paper street (a street shown on a plan but not built on the ground), and for the development of the street and utilities. Thereafter, the plaintiffs, some of the abutters of the parcels and others also claiming to be...

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