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WALDOR REALTY CORP. v. PLANNING BOARD OF WESTBOROUGH

354 Mass. 639 (1968)

241 N.E.2d 843

WALDOR REALTY CORP. vs. PLANNING BOARD OF WESTBOROUGH.

Supreme Judicial Court of Massachusetts, Worcester.

October 31, 1968.

Attorney(s) appearing for the Case

Robert R. Gabriel for the defendant.

Eugene L. Tougas for the plaintiff.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & REARDON, JJ.

CUTTER, J.

The plaintiff (Waldor), by this appeal to the Superior Court under G.L.c. 41, § 81BB, seeks to require the Westborough planning board (the board) to endorse upon a subdivision plan (subdivision plan B), filed with the board by Waldor, that approval of the plan under the subdivision control law is not required. The board's answer in effect merely called upon Waldor to prove the allegations in its bill. Thereupon...

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