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COSTANZA & BERTOLINO v. PLANNING BD. OF NORTH READING

360 Mass. 677 (1971)

277 N.E.2d 511

COSTANZA & BERTOLINO, INC. vs. PLANNING BOARD OF NORTH READING.

Supreme Judicial Court of Massachusetts, Middlesex.

December 30, 1971.

Attorney(s) appearing for the Case

Walter G. Bilowz, Town Counsel, for the defendant.

Eugene L. Tougas, for the plaintiff, submitted a brief.

Present: TAURO, C.J., CUTTER, REARDON, QUIRICO, & HENNESSEY, JJ.

HENNESSEY, J.

This is an appeal brought under the provisions of the Subdivision Control Law, G.L.c. 41, §§ 81K to 81GG. Pursuant to the provisions of G.L.c. 41, § 81P, the plaintiff, on April 3, 1969, submitted to the defendant a plan (hereinafter referred to as the Costanza plan) and requested that it be indorsed, "Approval Under the Subdivision Control Law is Not Required." On that day, the planning board...

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