TOOTHAKER v. PLANNING BOARD OF BILLERICA


346 Mass. 436 (1963)

193 N.E.2d 582

ROGER A. TOOTHAKER, JR., & another vs. PLANNING BOARD OF BILLERICA.

Supreme Judicial Court of Massachusetts, Middlesex.

November 5, 1963.


Attorney(s) appearing for the Case

P. Harold Ready, for the defendant, submitted a brief.

No argument or brief for the plaintiffs.

Present: WILKINS, C.J., WHITTEMORE, KIRK, SPIEGEL, & REARDON, JJ.


WHITTEMORE, J.

The planning board of the town of Billerica has appealed from the final decree in the Superior Court which ruled that "the subdivision of the petitioners' land is not subject to the `subdivision control law' as set forth in G.L.c. 41, §§ 81K to 81GG," inserted by St. 1953, c. 674, § 7, as amended. The case was heard on a statement of agreed facts.

The plaintiffs own approximately 1,200 lots in a subdivision of over 1,800 lots...

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