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FAIRBAIRN v. PLANNING BOARD OF BARNSTABLE

5 Mass. App. Ct. 171 (1977)

360 N.E.2d 668

ROBERT A. FAIRBAIRN & others, trustees, vs. PLANNING BOARD OF BARNSTABLE.

Appeals Court of Massachusetts, Barnstable.

March 4, 1977.

Attorney(s) appearing for the Case

James J. Marcellino (Brian A. O'Connell with him) for the plaintiffs.

Henry L. Murphy, Jr., Town Counsel (John Murphy with him) for the defendant.

Present: HALE, C.J., GRANT, & BROWN, JJ.

GRANT, J.

This case arises out of the plaintiffs' efforts to obtain the necessary approvals under the Subdivision Control Law (G.L.c. 41, §§ 81K-81GG) of a plan by which the plaintiffs propose to subdivide into 169 residential house lots the major portion of a tract of some 230 acres of land owned by the plaintiffs and lying in the westerly part of the town of Barnstable. The plaintiffs filed a definitive subdivision plan with the planning board on June...

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