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CHIEF JUSTICE CUSHING HIGHWAY CORP. v. LIMBACHER

Civil Action No. 00-CV-10174-JLT.

145 F.Supp.2d 108 (2001)

CHIEF JUSTICE CUSHING HIGHWAY CORPORATION, Plaintiff, v. William LIMBACHER, et al., Defendants.

United States District Court, D. Massachusetts.

March 9, 2001.

Attorney(s) appearing for the Case

Charles J. Humphreys, Cohasset, MA, for plaintiff.

Kenneth Ira Spigle, Newton, MA, for defendants.

MEMORANDUM

TAURO, District Judge.

I. Introduction

Plaintiff1 originally brought this action in state court as an appeal, under Mass. Gen.Laws ch. 40A, § 17, from the Town of Scituate Planning Board's ("Planning Board") decision to grant a special permit to Defendants Tower Ventures, Inc. ("Tower Ventures") and Omnipoint Communications MB Operation, LLC ("Omnipoint") to construct a telecommunications relay...

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