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PENN v. TOWN OF BARNSTABLE

No. 18-P-1124.

96 Mass. App. Ct. 205 (2019)

FELICIA R. PENN & another v. TOWN OF BARNSTABLE & others.

Appeals Court of Massachusetts, Suffolk.

October 7, 2019.

Attorney(s) appearing for the Case

Charles S. McLaughlin, Jr. , Assistant Town Counsel, for town of Barnstable.

Edward W. Kirk , for the plaintiffs.

Present: HANLON, DESMOND, & SHIN, JJ.

Pursuant to G. L. c. 40A, § 5, sixth par., once a municipal legislative body rejects a proposed zoning ordinance or bylaw, it generally may not reconsider the same proposal for two years. At issue is whether the town of Barnstable's (town) legislative body, its town council, violated the two-year bar when it

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