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ROMA, III, LTD. v. BOARD OF APPEALS OF ROCKPORT

No. SJC-12278.

478 Mass. 580 (2018)

ROMA, III, LTD. v. BOARD OF APPEALS OF ROCKPORT.

Supreme Judicial Court of Massachusetts, Suffolk.

January 8, 2018.

Attorney(s) appearing for the Case

Jackie Cowin for the defendant.

Nicholas P. Shapiro ( Robert K. Hopkins also present) for the plaintiff.

Maura Healey , Attorney General, & Elizabeth N. Dewar , State Solicitor, for division of aeronautics of the Department of Transportation, amicus curiae, submitted a brief.

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

A judge of the Land Court barred the town of Rockport (town) from enforcing a zoning bylaw that prohibited the use of land for a private heliport without some form of approval, variance, or special permit because the bylaw had not been approved by the division of aeronautics of the Department of Transportation (division). The issue on...

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