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ZONING BOARD OF APPEALS OF LUNENBURG v. HOUSING APPEALS COMMITTEE

No. SJC-11102.

464 Mass. 38 (2013)

ZONING BOARD OF APPEALS OF LUNENBURG v. HOUSING APPEALS COMMITTEE & another.

Supreme Judicial Court of Massachusetts, Worcester.

January 8, 2013.

Attorney(s) appearing for the Case

Daniel C. Hill for the plaintiff.

Annapurna Balakrishna , Assistant Attorney General, for housing appeals committee.

Nicholas C. Cramb for Hollis Hills, LLC.

J. Raymond Miyares , Christopher H. Heep , Jonathan D. Witten , & Barbara Huggins , for town of Hopkinton & others, amici curiae, submitted a brief.

Jeffrey W. Sacks , Kurt M. Mullen , & Troy K. Lieberman , for Citizens' Housing and Planning Association, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

GANTS, J.

Hollis Hills, LLC (Hollis Hills), filed an application for a comprehensive permit with the zoning board of appeals of Lunenburg (board) under G. L. c. 40B, §§ 20-23, to build 146 condominium units in attached townhouses (project). The board denied the application, and Hollis Hills appealed the denial to the Massachusetts housing appeals committee (HAC), which set aside the board's decision and directed the board to issue a comprehensive permit...

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