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DAVENPORT v. PLANNING BOARD OF DENNIS

No. 09-P-321.

76 Mass. App. Ct. 221 (2010)

DEWITT P. DAVENPORT, trustee, v. PLANNING BOARD OF DENNIS & another.

Appeals Court of Massachusetts, Barnstable.

February 1, 2010.

Attorney(s) appearing for the Case

E. James Veara for the plaintiff.

Julie Pruitt Barry for Dennisport Partners, LLC.

Present: McHUGH, BROWN, & HANLON, JJ.

BROWN, J.

DeWitt P. Davenport, trustee of the Davenport Realty Trust, appeals from a decision of a Superior Court judge affirming the grant by the planning board of Dennis (board) of a special permit to Dennisport Partners, LLC, to build a municipally sponsored affordable housing development pursuant to § 4.9.2.4 of the Dennis zoning by-law (by-law). At issue is whether, where §§ 4.9.2.2 and 4.9.2.4.2 of the by-law

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