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TOWN OF HINGHAM v. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

No. SJC-10013

451 Mass. 501 (2008)

TOWN OF HINGHAM & another v. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.

Supreme Judicial Court of Massachusetts, Plymouth.

May 27, 2008.

Attorney(s) appearing for the Case

James A. Toomey (Stacey G. Bloom with him) for the plaintiffs.

Sookyoung Shin, Assistant Attorney General, for the defendant.

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

IRELAND, J.

In August, 2006, the town of Hingham and the zoning board of appeals of Hingham (collectively town) filed a complaint seeking a declaratory judgment (G. L. c. 231A) and a writ of mandamus (G. L. c. 249, § 5) against the defendant, the Department of Housing and Community Development (department). The town challenged the department's conclusion that only twenty-five per cent of the units in a residential building...

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