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WENDY'S OLD FASHIONED HAMBURGERS OF NEW YORK, INC. v. BOARD OF APPEAL OF BILLERICA

SJC-10354

454 Mass. 374 (2009)

WENDY'S OLD FASHIONED HAMBURGERS OF NEW YORK, INC. v. BOARD OF APPEAL OF BILLERICA & another (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

July 24, 2009.

Attorney(s) appearing for the Case

Patrick J. Costello for the defendants.

James T. Dangora, Jr., for the plaintiff.

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

MARSHALL, C.J.

The board of appeal of Billerica (board) appeals from a judgment of the Superior Court ordering the board to modify a special permit and variance it previously had granted to Wendy's Old Fashioned Hamburgers of New York, Inc. (Wendy's). The original special permit and variance provided that there be only one entrance-exit (hereinafter entrance) to the Wendy's site, and that a green strip be built along another...

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