721 N.E.2d 15

THOMAS DiPIETRO vs. PLANNING BOARD OF HAVERHILL.

No. 98-P-1281.Appeals Court of Massachusetts.
December 17, 1999.

The case is remanded to the Superior Court. Nicor’s motion to intervene shall be allowed, and it shall be permitted to file its answer to the complaint. Further, there shall be an evidentiary hearing and order on Nicor’s motion to dismiss the complaint or, alternatively, an order requiring the plaintiff to post a surety or cash bond in a sum of not less than $2,000 nor more than $15,000 to secure the payment of Nicor’s costs.

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