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STANDERWICK v. ZONING BOARD OF APPEALS OF ANDOVER

447 Mass. 20 (2006)

EILEEN STANDERWICK & others v. ZONING BOARD OF APPEALS OF ANDOVER & another.

Supreme Judicial Court of Massachusetts, Essex.

June 16, 2006.

Attorney(s) appearing for the Case

Kevin P. O'Flaherty for Avalon at St. Clare, Inc.

Andrew A. Caffrey, Jr., for the plaintiffs.

Thomas J. Urbelis, for Zoning Board of Appeals of Andover, was present but did not argue.

The following submitted briefs for amici curiae:

Michael Pill, pro se.

R. Jeffrey Lyman, Michael K. Murray, & Adam Hollingsworth for Greater Boston Real Estate Board & others.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

MARSHALL, C.J.

We consider in this case whether a claim of diminution of property values by abutting landowners constitutes a cognizable basis for standing to challenge a comprehensive permit for the construction of affordable housing granted pursuant to G. L. c. 40B, §§ 20-23 (act). Because the diminution of real estate values is not an injury to an interest that G. L. c. 40B was intended to protect, we conclude that it does not.

In 2002, the zoning...

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