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TAYLOR v. BOARD OF APPEALS OF LEXINGTON

451 Mass. 270 (2008)

WILLIAM TAYLOR & others v. BOARD OF APPEALS OF LEXINGTON & others.

Supreme Judicial Court of Massachusetts, Middlesex.

April 24, 2008.

Attorney(s) appearing for the Case

David S. Weiss (Michael S. Rabieh with him) for Rising Tide Development, LLC, & another.

Jonathan D. Witten (Barbara Huggins with him) for the plaintiffs.

Theodore C. Regnante & Paul J. Haverty for Citizens' Housing and Planning Association, amicus curiae, submitted a brief.

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

MARSHALL, C.J.

When a local zoning board issues a comprehensive permit for the construction of low or moderate income housing, but imposes conditions or requirements that the developer believes make the building or operation of such housing uneconomic, G. L. c. 40B, § 22, authorizes the applicant to appeal to the housing appeals committee (HAC), and the HAC's decision is then subject to review by a judge in the Superior...

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