1990 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

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Trial Court of Massachusetts DOCKET NUMBER CIVIL ACTION COVER SHEET SUPERIOR COURT DEPARTMENT Barnstgble Division it PLAINTIFF(S) Cer r., an CO DEFENDANTS) Cheryl A. Hawver, et dl. a5 they Chace, III, General Partners of Fields Point are the BOARD OF AppdAI.S OF MASHPEE, and Limited Partnership McDONALD'S ODRPORATION ATTORNEY(S)FIRM NAME.ADDRESS AND TEL.) (617) 951-7000 ATTORNEY(S)(if known) Pierce O. Cray Ropes & Gray One International Place, Boston, MA 02110 Board of Bar Overseers # (Required)#104630 ORIGIN CODE AND TRACK DESIGNATION Place an ® in one box only: 1. F01 Original Complaint ❑ 4. F04 District Cf. Appeal c231, s. 97 (X) ❑ 2. F02 Removal to Sup. Ct. c231, s. 104 (F) ❑ 5. F05 Reactivated after Rescript; Relief from ❑ 3. F03 Retransfer to Sup. Cf. c231, s. 102C (X) judgmentforder (Mass. R Civ. P. 60 (X) ❑ 6. E10 Summary process appeal (X) TYPE OF ACTION AND TRACK DESIGNATION (See Reverse Side) CODE NO. TYPE OF ACTION (specify) TRACK IS THIS A JURY CASE? CO2 Zoning Appeal, G.L. c. 40A (F ) ❑ Yes ® No 1. PLEASE GIVE A CONCISE STATEMENT OF THE FACTS: (Required in ALL Types of Actions) This is an appeal from a decision of the Mashpee Board of'Appeals granting the defendant McDonald's Corporation a zoning special permit to construct a fast food restaurant on land in Mashpee'.that abuts land owned by the plaintiffs' limited i partnership. This decision exceeded the authority of the Board of Appeals. The plaintiffs seek to have the decision annulled. 2. IN A CONTRACT ACTION (CODE A) OR A TORT ACTION (CODE 8) STATE, WITH PARTICULARITY, MONEY DAMAGES WHICH WOULD WARRANT A REASONABLE LIKELIHOOD THAT RECOVERY WOULD EXCEED $25,000: This section is not applicable, as the plaintiffs' right to file this action in the Superior Court Department is expressly conferred by G.L. c. 40A, Section 17. 3. PLEASE IDENTIFY, BY CASE NUMBER, NAME AND DIVISION, ANY RELATED ACTION PENDING IN THE SUPERIOR COURT DEPARTMENT. On information and belief, another abutter 04r. Tellanian) filed a separate appeal of the same decision, but on separate grounds, in Barnstable Superior Court on November 20, 1990. SIG NA ORNEY OF RECORD OR PLAINTIFF I DATE 11/21/90 DISPOSITION RECEIVED A. Judgment Entered B. No Judgment Entered ❑ 1. Before 'u trial or non-jury hearing BY: jury t ry g ❑ 6. Transferred to District DATE ❑ 2. During jury trial or non-jury hearing Court under G.L. c.231, ❑ 3. After jury verdict s.102C. DISPOSITION ENTERED ❑ 4. After court finding Disposition Date BY: ❑ S. After post trial motion DATE: ow e�Dosses -CLE MAGIST COPY. . .,,