Lecei v. Sallee

Agnes, Peter W., J.

The plaintiffs Eleonora Lecei & others (“Plaintiffs”) seek judicial review of a decision by the Planning Board of the Town of Lunenburg (the “Planning Board”) which granted defendants Northeast Wireless Service, LLC and Omnipoint Communications, Inc. (“Defendants”) a special permit to build a wireless communication facility.

The defendants have filed a Motion to Dismiss on the grounds that (1) the court lacks jurisdiction to hear the appeal because the plaintiffs did not comply with the notification procedures of G.L.c. 40A, §17, (2) the plaintiffs are not “persons…