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RICHARDSON v. BOARD OF APPEALS OF CHILMARK & ANOTHER

No. 11-P-961.

81 Mass. App. Ct. 912 (2012)

JOHN W. RICHARDSON, trustee in bankruptcy, v. BOARD OF APPEALS OF CHILMARK & another.

Appeals Court of Massachusetts.

June 11, 2012.

Attorney(s) appearing for the Case

Mark J. Lanza for the plaintiff.

Diane C. Tillotson for Fools High Tide, LLC.

James B. Lampke, for town of Chilmark, was present but did not argue.

In January of 2005, Jacqueline Carlin began this action in the Land Court to enjoin the construction of a large single-family dwelling on the property of her neighbor, Edwin C. Cohen, in the town of Chilmark (town).3 She alleged a zoning by-law violation related to the issuance of his building permit in September of 1999.4 The town zoning enforcement officer and board of appeals (board) had denied Carlin's multiple...

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