Supreme Judicial Court - Mass Cases

Decision. Ttic Fresidj-nq Of fic.cr denied the request
for a hearing, HA Vol.1, 453.
On October 15, 200'1, the IiAC issued a ":jiimrnary
Cccision," qrariting Attit.ash's Motion and removiriy
mmt of thc condition.? , tu which t.he developcr-
objected. RA Vol.l, 457. The regulations iri ciiect
when Ihe HAC'S decision was rendercd arid cont.ro1 1.j.nq
this rnatt.Fr are Lourid at, 760 CMR 30.00 and 31.00 ct
c
seq.
On or ahout. Novcrrhcr 16, 3007, Plaintiff filed a
timely appeal of thc HAC decision pursuant. to tho
provisions of C.L. c.30A, 5.14. RA Vol..?, 1.7. A
moLion for judyrrtent. on the plcadings with suppurting
memorandum, together with opposition inernoranda were
filed with the Suffolk Superj.or CuurL on or about July
l[), 2008. Oral argument was held before the Honorable
Judye Brassard on (January -1, 2009. KH Vo1.2, 103.
Judge Brassard issued a decision from the bench. The
tran.. -.~ript -. of oral argument arid Judge Brassard' s
decision is iourid at KA Vo1.2, 102-103.
' Thcrc does not appear to be dj.saqreerneriL rcyarding
thc applicability of 760 CMR 30.00 and 31.00 e t seq.
io the case at bar. Rnth were superseded effect-ive
Fcbruary 70118 by 760 CMK 56.00 CL al. The Defendant
HAC concedes as rnuch in 1t.s Opposition to the Motion
for Judgment 011 the Pleadirigs, found at KA Vo1.2, 100-
101, n. 60.
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