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KUKLINSKA v. PLANNING BOARD OF WAKEFIELD

357 Mass. 123 (1970)

256 N.E.2d 601

ANNA J. KUKLINSKA vs. PLANNING BOARD OF WAKEFIELD (and two companion cases).

Supreme Judicial Court of Massachusetts, Middlesex.

March 5, 1970.

Attorney(s) appearing for the Case

Sherman Davison for the plaintiffs.

Mario Misci for John C. Luciani & another (Francis C. McGrath, Jr., Town Counsel, for Planning Board of Wakefield, with him).

M. Gardner Clemons, for Wakefield Cooperative Bank, joined in a brief.

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

SPALDING, J.

These are three cases which were tried together. Two are bills in equity by way of appeal from decisions of the planning board of the town of Wakefield. G.L.c. 41, § 81BB. The other case is a bill in equity seeking injunctive relief and damages arising out of an alleged trespass. The cases were referred to a master. At issue are the boundary between two adjoining properties and the approval given by the planning board of Wakefield to a subdivision...

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