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KRAFCHUK v. PLANNING BOARD OF IPSWICH

SJC-10224

453 Mass. 517 (2009)

ELIZABETH E. KRAFCHUK & another v. PLANNING BOARD OF IPSWICH & others.

Supreme Judicial Court of Massachusetts, Essex.

April 7, 2009.

Attorney(s) appearing for the Case

Douglas H. Wilkins for Edward P. Fagan & another.

James G. Gilbert, for Elizabeth E. Krafchuk & another.

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

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

IRELAND, J.

In this case we consider issues concerning a definitive subdivision plan of land owned by the defendants, Edward P. Fagan and Anna M. Fagan (Fagans), that was approved by the planning board of Ipswich (board). The plaintiffs, Elizabeth E. Krafchuk and Joseph A. Brear, Jr., each own property abutting the Fagans' parcel of land, which is the subject of the plan. Because we conclude that the plaintiffs had standing to challenge the board's approval of the...

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