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HIGBY/FULTON VINEYARD, LLC v. BOARD OF HEALTH OF TISBURY

No. 06-P-1810.

70 Mass. App. Ct. 848 (2007)

HIGBY/FULTON VINEYARD, LLC v. BOARD OF HEALTH OF TISBURY & another.

Appeals Court of Massachusetts, Dukes.

December 14, 2007.

Attorney(s) appearing for the Case

Thomas B. Bracken for the plaintiff.

Michael D. Vhay for Hubert E. Knipmeyer.

Present: MILLS, BROWN, & TRAINOR, JJ.

MILLS, J.

The plaintiff's action is in the nature of certiorari, G. L. c. 249, § 4, seeking review of a decision of the board of health (board) of the town of Tisbury to issue a septic disposal system construction permit to Hubert E. Knipmeyer, who proposed to build a three-bedroom home on a parcel of land in Tisbury. A judge of the Superior Court dismissed the complaint for lack of the plaintiff's standing. We affirm.

1. Background. Knipmeyer...

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