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BOARD OF APPEALS OF WOBURN v. HOUSING APPEALS COMMITTEE

SJC-10014

451 Mass. 581 (2008)

BOARD OF APPEALS OF WOBURN v. HOUSING APPEALS COMMITTEE & others (and two companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

June 10, 2008.

Attorney(s) appearing for the Case

Gary S. Brackett (Heather W. Kingsbury with him) for Board of Appeals of Woburn.

Paul D. Wilson (Brian W. Blaesser & Benjamin B. Tymann with him) for Archstone-Smith Operative Trust.

Pierce O. Cray, Assistant Attorney General, for Housing Appeals Committee.

The following submitted briefs for amici curiae:

Laurel J. Francoeur for Friends of Mary Cummings Park, Inc.

Peter L. Freeman, Joshua Davis, Janet R. Stearns, Stephanie A. Kiefer, & Matthew J. Dunn for Citizens' Housing and Planning Association & another.

David S. Weiss & Michael S. Rabieh for Massachusetts Chapter of the National Association of Industrial & Office Properties.

Jason R. Talerman for town of Sandwich.

Michael E. Malamut, Martin J. Newhouse, & Jo Ann Shotwell Kaplan for New England Legal Foundation.

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

CORDY, J.

In these consolidated cases, we must decide whether the Housing Appeals Committee (committee) of the Department of Housing and Community Development (department) has the authority to alter the conditions placed on the approval of a comprehensive permit, where the developer has failed to demonstrate that those conditions make the housing project uneconomic. We conclude that the plain language of the comprehensive permit act, G. L. c. 40B, §§ 20...

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