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81 SPOONER ROAD, LLC v. ZONING BOARD OF APPEALS OF BROOKLINE

SJC-10929.

461 Mass. 692 (2012)

81 SPOONER ROAD, LLC v. ZONING BOARD OF APPEALS OF BROOKLINE & others (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

March 20, 2012.

Attorney(s) appearing for the Case

Jeffrey P. Allen ( Donald J. Gentile with him) for 81 Spooner Road, LLC.

James Gray Wagner ( Jan M. Kendrick with him) for George P. Fogg, III, & another.

Jennifer Dopazo Gilbert, Town Counsel ( John J. Buchheit , Associate Town Counsel, with her) for zoning board of appeals of Brookline.

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

SPINA, J.

In this case, we consider whether a judge in the Land Court properly granted summary judgment in favor of George P. Fogg, III (George), and his mother, Frances K. Fogg (Frances), on the issue of their standing as "aggrieved" persons pursuant to G. L. c. 40A, § 17. The Foggs challenged the issuance of a building permit to 81 Spooner Road, LLC (developer) by the building commissioner for the town of Brookline...

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