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135 WELLS AVENUE, LLC v. HOUSING APPEALS COMMITTEE

SJC-12253.

478 Mass. 346 (2017)

135 WELLS AVENUE, LLC v. HOUSING APPEALS COMMITTEE & others.

Supreme Judicial Court of Massachusetts, Suffolk.

November 13, 2017.

Attorney(s) appearing for the Case

Daniel P. Dain for the plaintiff.

Maura E. O'Keefe , Assistant City Solicitor ( Jonah Temple , Assistant City Solicitor, also present) for zoning board of appeals of Newton & another.

Pierce O. Cray , Assistant Attorney General, for housing appeals committee.

Paul E. Bouton , Stephen P. LaRose , & Christopher R. Minue , for Citizens' Housing and Planning Association, amicus curiae, submitted a brief.

Present: GANTS, C.J., LENK, HINES, GAZIANO, LOWY, BUDD, & CYPHER, JJ.

The plaintiff, 135 Wells Avenue, LLC (135 Wells), owns a 6.3-acre parcel of land in Newton (site), in an area known as Wells Avenue Office Park (property), which is zoned for limited manufacturing use. As is all of the property, the site is subject to a restrictive covenant owned by the city...

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