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DOHERTY v. PLANNING BOARD OF SCITUATE

SJC-11401

467 Mass. 560 (2014)

5 N.E.3d 1231

MARYANN DOHERTY v. PLANNING BOARD OF SCITUATE.

Supreme Judicial Court of Massachusetts, Suffolk.

March 21, 2014.

Attorney(s) appearing for the Case

Brandon H. Moss for the defendant.

Leonard M. Singer ( Michael D. Bliss with him) for the plaintiff.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

IRELAND, C.J.

The plaintiff, MaryAnn Doherty, owner of two adjacent unimproved lots on a barrier beach peninsula in the town of Scituate (town),1 applied for special permits from the town's planning board (board) to construct new residential dwellings on the lots, which are located in a flood plain and watershed protection district (FPWP district). The board denied the applications, concluding that Doherty had not demonstrated that her...

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