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CUMBERLAND FARMS, INC. v. CITY COUNCIL OF MARLBOROUGH

No. 14-P-1612.

88 Mass. App. Ct. 528 (2015)

CUMBERLAND FARMS, INC. v. CITY COUNCIL OF MARLBOROUGH.

Appeals Court of Massachusetts, Middlesex.

October 15, 2015.

Attorney(s) appearing for the Case

Carey H. Smith for the plaintiff.

Cynthia M. Panagore Griffin for the defendant.

Present: CYPHER, MEADE, & MASSING, JJ.

Cumberland Farms, Inc. (Cumberland Farms), appeals from a judgment of the Superior Court upholding the denial by the city council of Marlborough (council) of Cumberland Farms's application for a G. L. c. 148, § 13, fuel storage license. Cumberland Farms argues that the judge applied an incorrect standard of review and that he based...

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