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03/12/2014 ZONING BOARD OF APPEALS Decision
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03/12/2014 ZONING BOARD OF APPEALS Decision
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4/3/2023 4:15:57 PM
Creation date
1/19/2022 3:22:05 PM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Decision
Meeting Date
03/12/2014
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supported by the evidence. On cross motions for summary <br /> judgment, a judge in the Land Court, in a written decision, <br /> agreed that the undisputed evidence supported the board' s <br /> decision and allowed the defendants ' motion and denied the <br /> plaintiff' s motion. The plaintiff appeals. <br /> Discussion. "In reviewing a grant of summary judgment, 'we <br /> assess the record de novo and take the facts, together with all <br /> reasonable inferences to be drawn from them, in the light most <br /> favorable to the nonmoving party. '" Pugsley v. Police Dept. of <br /> Boston, 472 Mass. 367, 370-371 (2015) , quoting from Bulwer v. <br /> Mount Auburn Hosp. , 86 Mass . App. Ct. 316, 318 (2014) . Summary <br /> judgment is appropriate where "all material facts have been <br /> established and the moving party is entitled to a judgment as a <br /> matter of law. " Augat, Inc. v. Liberty Mut. Ins. Co. , 410 Mass . <br /> 117, 120 (1991) . "If the moving party, in its pleadings and <br /> supporting documentation pursuant to Mass.R.Civ. P. 56 (c) , as <br /> amended, 436 Mass . 1404 (2002) , asserts the absence of any <br /> triable issue, the nonmoving party must respond and make <br /> specific allegations sufficient to establish a genuine issue of <br /> material fact. " Barron Chiropractic & Rehabilitation, P.C. v. <br /> Norfolk & Dedham Group, 469 Mass. 800, 804 (2014) . Otherwise, <br /> " [t]he judgment sought shall be rendered forthwith[ . ] " <br /> Mass .R.Civ. P. 56 (c) . <br /> 4 <br />
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