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THEOPHILOPOULOS v. BOARD OF HEALTH OF SALEM

No. 13-P-100.

85 Mass. App. Ct. 90 (2014)

ARTHUR THEOPHILOPOULOS & others v. BOARD OF HEALTH OF SALEM & another.

Court of Appeals of Massachusetts, Essex.

March 18, 2014.

Attorney(s) appearing for the Case

Thomas A. Mackie for the intervener.

Leonard F. Femino for the defendant.

Seth Schofield , Assistant Attorney General, for the Commonwealth.

Carl D. Goodman for the plaintiffs.

Present: CYPHER, KATZMANN, & MALDONADO, JJ.

CYPHER, J.

The question presented for review is whether the Salem board of health (board) properly classified the joint application of the city of Salem (city) and Northside Carting, Inc. (NCI), as one for a minor modification of a site assignment. On appeal to the Superior Court pursuant to G. L. c. 30A, § 14(7), a judge concluded that it had not, and nullified the decision of the board approving the application.3 We reverse.

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