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Appeals court hears challenge to Lynnfield's Chapter 40B enforcement and alleged taking in Piscucci v. Town of Lynnfield
Summary
Plaintiffs say a 2014 default and lack of the promised in-person damage-assessment hearing produced flawed process and a regulatory taking; the town says the plaintiffs were sanctioned for discovery abuses, were properly noticed, and the appeal is procedurally defective.
The appeals court heard argument in Michael and [spelled in record as] Mister Piscucci v. Town of Lynnfield over procedural challenges to a 2014 enforcement action under Chapter 40B and whether the town's enforcement amounted to a taking requiring relief.
Plaintiffs' counsel Michael Walsh argued that in the earlier superior-court action the Pascuccis were defaulted following discovery misconduct and that the court promised an in-person hearing on damages…
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