WARD & JOHNSON, INC. v. PLANNING BOARD OF WHITMAN


343 Mass. 466 (1962)

179 N.E.2d 331

WARD & JOHNSON, INC. vs. PLANNING BOARD OF WHITMAN.

Supreme Judicial Court of Massachusetts, Plymouth.

January 23, 1962.


Attorney(s) appearing for the Case

Edward P. Kirby, Town Counsel, for the defendant.

George F. Edlund, for the plaintiff.

Present: WILKINS, C.J., WILLIAMS, WHITTEMORE, CUTTER, & SPIEGEL, JJ.


WILLIAMS, J.

This case concerns the validity of a decision by the planning board of Whitman disapproving a subdivision plan of the plaintiff submitted to the board pursuant to the provisions of G.L.c. 41, § 810. On February 8, 1960, the plaintiff submitted a preliminary plan, § 81S, and on February 19, a definitive plan. On April 18, the board disapproved the definitive plan on two grounds, (1) because there had been no final approval of the suitability...

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