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U.S. v. TOWN OF LINCOLN ZONING BD. OF APPEALS

Civil Action No. 12-10179-DJC.

928 F.Supp.2d 272 (2013)

UNITED STATES of America v. TOWN OF LINCOLN ZONING BOARD OF APPEALS, and Steve Daigle, Joel Freedman, John Kimball, Jefferson Macklin, Megan Stride, David Summer, and Margaret Olson, Members of the Town of Lincoln Zoning Board of Appeals, and Town of Lincoln Affordable Housing Trust, and NuPath, Inc., Defendants.

United States District Court, D. Massachusetts.

February 28, 2013.

Attorney(s) appearing for the Case

Anita Johnson, United States Attorney's Office, Boston, MA, for United States of America.

Joel B. Bard, Katharine Isabel Doyle, Kopelman & Paige, PC, Kenneth J. Mickiewicz, Davis, Malm & D'Agostine, P., Boston, MA, for Defendants.

MEMORANDUM AND ORDER

CASPER, District Judge.

I. Introduction

The United States has filed an action seeking to challenge the grant of a Special Permit issued by Defendant Town of Lincoln Zoning Board of Appeals ("Board" or "ZBA") to Defendant NuPath, Inc. ("NuPath") allowing construction of a structure on a property owned by Defendant Town of Lincoln Affordable Housing Trust ("Trust") located in Lincoln, Massachusetts. D. 1. Defendant Trust...

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