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PLANNING BOARD OF HINGHAM v. HINGHAM CAMPUS, LLC.

438 Mass. 364 (2003)

PLANNING BOARD OF HINGHAM v. HINGHAM CAMPUS, LLC, & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 6, 2003.

Attorney(s) appearing for the Case

Peter L. Puciloski (James B. McLindon with him) for Planning Board of Hingham.

Paul D. Wilson (Benjamin B. Tymann with him) for Hingham Campus, LLC.

James A. Toomey (Stacey G. Bloom with him) for Board of Appeals of Hingham.

The following submitted briefs for amici curiae:

David S. Weiss, David M. Abromowitz, & Karen J. Kepler for Citizens' Housing and Planning Association & another.

Michael P. Holden, pro se.

George M. Ford, pro se.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

IRELAND, J.

The plaintiff, the planning board of Hingham, filed a complaint against the defendants, Hingham Campus, LLC (Hingham Campus), and the town's board of appeals, alleging that the board of appeals exceeded its authority under G. L. c. 40B in granting a comprehensive permit. The defendants moved to dismiss the complaint under Mass. R. Civ. P. 12 (b) (1), 365 Mass. 754 (1974), for lack of subject matter jurisdiction. A judge in the Land Court granted the defendants...

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