MARENGI v. 6 FOREST ROAD LLC

SJC-13316.

491 Mass. 19 (2022)

TERRENCE MARENGI, JR., & others v. 6 FOREST ROAD LLC & another.

Supreme Judicial Court of Massachusetts, Essex.

December 14, 2022.


Attorney(s) appearing for the Case

Dennis A. Murphy ( Daniel C. Hill also present) for the plaintiffs.

Jonathan M. Silverstein for 6 Forest Road LLC.

The following submitted briefs for amici curiae:

John Pagliaro & Daniel B. Winslow for New England Legal Foundation.

Karla L. Chaffee & Jeffrey W. Sacks for Citizens' Housing and Planning Association & others.

Daniel P. Dain , Nicholas S. Dorf , & Ryan D. Grondahl for Real Estate Bar Association for Massachusetts, Inc., & another.

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


In a recent amendment to G. L. c. 40A, § 17, enacted through legislation designed to promote economic growth and the construction of housing in the Commonwealth, the Legislature provided that "[t]he court, in its discretion, may require a plaintiff in an action under this section appealing a decision to approve a special permit,...

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