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BASK, INC. v. MUNICIPAL COUNCIL OF TAUNTON

SJC-13218.

490 Mass. 312 (2022)

BASK, INC. v. MUNICIPAL COUNCIL OF TAUNTON.

Supreme Judicial Court of Massachusetts, Suffolk.

July 21, 2022.

Attorney(s) appearing for the Case

George P. Field for the defendant.

Richard E. Burke, Jr. ( Lisa Raimondi also present) for the plaintiff.

Shawn M. McCormack , Nicholas P. Shapiro , & Daniel P. Dain , for Real Estate Bar Association for Massachusetts, Inc., & another, amici curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

This case presents the question of the permissible scope of a Land Court judge's authority. Specifically, in connection with an appeal from the denial of a special permit, pursuant to G. L. c. 40A, § 17, a Land Court judge ordered the issuance of the special permit to the applicant; he also issued a second injunction that, in...

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