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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Boston Code of Ordinances § 7-2.2

Citation
Boston Code of Ordinances § 7-2.2
Parent Document
Boston Code of Ordinances § 7-2.2
Jurisdiction
Boston (municipal)

Other Sections in This Document (288)

Full Text

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7-3.7   Appeals.
   Under the provisions of the M.G.L. Chapter 40C, Section 12A, any applicant aggrieved by a determination of the Commission, may, within 20 days after the filing of the notice of such determination or such finding with the City Clerk, appeal to the Superior Court for Suffolk County. The Court shall hear all pertinent evidence and shall annul the determination of the Commission if it finds the decision of the Commission to be unsupported by the evidence, or to exceed the authority of the Commission, or may remand the case for further action by the Commission, or make such other decree as justice and equity may require. The remedy provided by this Section shall be exclusive; but the parties shall have all rights of appeal and exception as in other equity cases. Costs shall not be allowed against the Commission unless it shall appear to the Court that the Commission acted with gross negligence, in bad faith or with malice in the matter from which the appeal was taken. Costs shall not be allowed against the party appealing from such determination of the Commission unless it shall appear to the court that the appellant acted in bad faith or with malice in making the appeal to the court.
(Ord. 1983 c. 18; CBC 1985 7-3.7) 7-3.8   Enforcement.