STONER v. PLANNING BOARD OF AGAWAM


358 Mass. 709 (1971)

266 N.E.2d 891

MELVIN STONE & others vs. PLANNING BOARD OF AGAWAM & others.

Supreme Judicial Court of Massachusetts, Hampden.

February 18, 1971.


Attorney(s) appearing for the Case

John J. Teahan & Frederick S. Pillsbury, for the defendants, submitted a brief.

James H. Tourtelotte for the plaintiffs.

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


TAURO, C.J.

This case is an appeal to the Superior Court under G.L.c. 41, § 81BB, from the decision of the planning board of Agawam (the board) to rescind its approval of a recorded subdivision plan for the property of the plaintiffs Mr. Stoner and Guastamachio. The case was referred to a master who found subsidiary facts and made general findings based thereon. The defendants excepted to the general findings made by the master, who found, inter alia, that the...

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