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Appeals court hears challenge to Brockton zoning board rulings that cleared way for seafood packing operation
Summary
Tony Rodriguez appealed summary judgments that dismissed several of his challenges to zoning decisions allowing a seafood packing and refrigeration use at 555 Plain Street in Brockton.
Tony Rodriguez appealed summary judgments that dismissed several of his challenges to zoning decisions allowing a seafood packing and refrigeration use at 555 Plain Street in Brockton. Appellate counsel (who identified himself as Matthew) argued the Land Court improperly resolved disputed facts on standing and traffic at the summary‑judgment stage.
Why it matters: The appeal raises whether an abutter has a particularized injury for standing when a zoning board permits a change of use that includes refrigeration equipment, delivery trucks and intensified daily commercial vehicle traffic close to residences.
Matthew, arguing for Rodriguez, said the lower court erred by crediting the operator’s affidavits and expert report while discounting Rodriguez’s…
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