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Y <br /> V <br /> r <br /> COMMONWEALTH OF MASSACHUSETTS <br /> SUPZAIOR COURT <br /> DEPARTMENT OF THE TRIAL COURT <br /> 1 Barnstable ss <br /> Civil Case <br /> No. 33899 <br /> Malcolm E. MacDonald, <br /> Plaintiff <br /> VS. <br /> Clara L. Keliinui , et al, <br /> as they are members of <br /> the Zoning Board of Appeals <br /> of Mashpee, <br /> Defendants <br /> D E C I S I O N <br /> On May 28, 19740 the plaintiff filed an appeal in the <br /> Superior Court of Barnstable County from a denial by the zoning <br /> board of appeals of the town of Mashpee (the town) on May 8 , 1974 <br /> of plaintiff 's application for a variance from the town' s zoning <br /> by-law to enable the ,plainti£f tp use approximately twenty acres <br /> of land in Mashpee for the purpose of mobile home, travel <br /> l trailer , recreptional vehicle and tent camping sites. <br /> After various pleadings were filed in the case, the <br /> plaintiff's motion to transfer the case to the., Land- Court <br /> Department of' the Trial Court for trial by a Land Court Justice.. <br /> sitting by designation as a Superior Court Justice was allowed <br /> on March 31, 1981. The basis for the motion to transfer was that <br /> on February 26 , 1981, the MacDonald Land Trust had filed a <br /> complaint against the town in the Land Court Department under <br /> the provisions of G.L. c. 240 , S14A and c. 185 , 91 (j 1/2) <br /> I <br />