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KITRAS v. ZONING ADMINISTRATOR OF AQUINNAH

SJC-10223

453 Mass. 245 (2009)

MARIA A. KITRAS, trustee, & another v. ZONING ADMINISTRATOR OF AQUINNAH & others.

Supreme Judicial Court of Massachusetts, Middlesex.

February 20, 2009.

Attorney(s) appearing for the Case

Arthur P. Kreiger for the plaintiffs.

Ronald H. Rappaport for town of Aquinnah.

Eric W. Wodlinger for Martha's Vineyard Commission.

Benjamin Fierro, III, for Home Builders Association of Massachusetts, Inc., amicus curiae, submitted a brief.

Present: IRELAND, SPINA, CORDY, & BOTSFORD, JJ.

SPINA, J.

The plaintiffs in this declaratory judgment action are trustees of two real estate trusts that own two parcels of land in the town of Aquinnah (town) on the island of Martha's Vineyard. Pursuant to G. L. c. 40A, § 6, fifth par., and G. L. c. 111, § 127P, they seek to use and enjoy their property in accordance with the local zoning bylaws and health regulations that were in effect at the time they filed preliminary subdivision plans for the land...

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