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ZONING BOARD OF APPEALS OF HANOVER v. HOUSING APPEALS COMMITTEE

No. 15-P-893.

90 Mass. App. Ct. 111 (2016)

ZONING BOARD OF APPEALS OF HANOVER v. HOUSING APPEALS COMMITTEE & another.

Appeals Court of Massachusetts, Plymouth.

August 29, 2016.

Attorney(s) appearing for the Case

Jonathan D. Witten ( Barbara M. Huggins with him) for the plaintiff.

Paul N. Barbadoro for Hanover Woods, LLC.

Bryan F. Bertram , Assistant Attorney General, for Housing Appeals Committee.

Present: AGNES, MASSING, & KINDER, JJ.

Defendant Hanover Woods, LLC (developer), filed an application with the plaintiff zoning board of appeals of Hanover (board) for a comprehensive permit to build a 152-unit mixed-income housing project. Considering the board's filing fee to be unreasonable, however, the developer paid only what it unilaterally

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