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BOOTHROYD v. ZONING BOARD OF APPEALS OF AMHERST

449 Mass. 333 (2007)

JOHN BOOTHROYD & others v. ZONING BOARD OF APPEALS OF AMHERST & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 14, 2007.

Attorney(s) appearing for the Case

John E. Garber for the plaintiffs.

Donald R. Pinto, Jr., for the defendants.

David S. Weiss & Michael S. Rabieh, for Citizens' Housing and Planning Association & others, amici curiae, submitted a brief.

Juliana deHaan Rice, Assistant Attorney General, for the Attorney General & another, amici curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, & Cordy, JJ.

GREANEY, J.

We transferred this case here on our motion to decide whether the zoning board of appeals of Amherst (board), in granting a comprehensive permit under G. L. c. 40B, §§ 20-23 (Act), permissibly could consider whether there was a "regional need" for affordable housing after the town of Amherst had fulfilled its low or moderate income housing obligation under the Act (minimum affordable housing obligation).3 We conclude...

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