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LOBISSER BUILDING CORP. v. PLANNING BOARD OF BELLINGHAM

SJC-10316

454 Mass. 123 (2009)

LOBISSER BUILDING CORP. & another v. PLANNING BOARD OF BELLINGHAM.

Supreme Judicial Court of Massachusetts, Suffolk.

June 22, 2009.

Attorney(s) appearing for the Case

Thomas O. Moriarty (Katherine G. Brady with him) for the plaintiffs.

Jason R. Talerman (Lynnea Thody with him) for the defendant.

The following submitted briefs for amici curiae:

James M. Burgoyne & Charles N. Le Ray for The Abstract Club & another.

Charles A. Perkins, Jr., Andrew C. Oatway, & Adam P. Whitney for Community Associations Institute.

Howard M. Brown & Stephen V. Saia for Frank R. Saia.

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

MARSHALL, C.J.

The plaintiffs in this case, Lobisser Building Corp. (Lobisser) and Crystal Springs Condominium Association, Inc. (association), filed a complaint in the Land Court appealing from a decision of the planning board of Bellingham (board) denying their application for a modification of a special permit and for development plan approval. The plaintiffs asserted that the board's decision that the special permit...

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