TOWN OF PEPPERELL v. BD. OF SELECTMEN, 27 Mass. App. Ct. 1402 (1989)

535 N.E.2d 628

Nos. 88-P-9 88-P-10.Appeals Court of Massachusetts.
March 10, 1989.

We reverse the grant of summary judgments

Page 1403

for the defendants and direct that new judgments enter to provide that, on the statement of agreed facts, the permits issued by the selectmen in 1987 were issued by procedures not in compliance with the present c. 40A, and thus were not valid. The judgments shall state that they are entered without prejudice to a reapplication for special permits in accordance in all respects with the new c. 40A. Neither party is to have costs of the appeal.