374 Mass. 825 | Mass. | 1978
Following our decision in Cape Ann Land Dev. Corp. v. Gloucester, 371 Mass. 19 (1976), the trial judge, after a hearing, granted the plaintiffs motion for summary judgment, thereby annulling the city council’s denial of the special permit, 371 Mass, at 24 n.7, and ordered the council to issue the permit within ten days. The defendant appealed. The special permit was denied by the city council for
Finally, the city council argues that it should have the opportunity to reconsider Cape Ann’s application in light of our earlier opinion. However, when the city council considered the application it held a comprehensive hearing and issued a decision denying the permit on specified grounds. No argument is made that new data have become available or that additional grounds for denying the permit exist. Further consideration of the application is therefore not necessary.
Judgment affirmed.