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CARABETTA v. BOARD OF APPEALS OF TRURO

No. 07-P-1438.

73 Mass. App. Ct. 266 (2008)

MICHAEL CARABETTA & another v. BOARD OF APPEALS OF TRURO & others.

Court of Appeals of Massachusetts, Suffolk.

December 4, 2008.

Attorney(s) appearing for the Case

Edward E. Veara for the defendants.

Christopher J. Snow for the interveners.

Donald R. Pinto, Jr., for the plaintiffs.

Present: CYPHER, BROWN, & FECTEAU, JJ.

BROWN, J.

Michael and Cathryn Carabetta own property in the town of Truro (town) that abuts to the rear land owned by E. Timothy and Monica O'Brien. The Carabettas seek to construct a single-family home on their parcel. At issue in this appeal is whether the O'Brien and Carabetta lots merged for purposes of zoning when they were held in common ownership by Judith W. Greenberg and related entities between 1984 and...

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