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KAY-VEE REALTY CO. INC. v. TOWN CLERK OF LUDLOW

355 Mass. 165 (1969)

243 N.E.2d 813

KAY-VEE REALTY COMPANY, INC. vs. TOWN CLERK OF LUDLOW.

Supreme Judicial Court of Massachusetts, Hampden.

January 7, 1969.

Attorney(s) appearing for the Case

Manuel Moutinho, Jr., Town Counsel, for the respondent.

James L. Allen for the petitioner.

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

SPALDING, J.

The objective of this petition for a writ of mandamus is to compel the town clerk of Ludlow to certify, in accordance with G.L.c. 41, § 81V, that the petitioner's subdivision plan has been approved. The case was heard on a statement of agreed facts.

At all times here relevant the respondent was the duly elected town clerk of Ludlow. Throughout this period the subdivision control law contained in G.L.c. 41, §§ 81K through 81GG, was...

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