KELLEY v. PLANNING BOARD OF DENNIS


6 Mass. App. Ct. 24 (1978)

372 N.E.2d 275

FRANKLIN KELLEY & others vs. PLANNING BOARD OF DENNIS.

Appeals Court of Massachusetts, Barnstable.

January 30, 1978.


Attorney(s) appearing for the Case

Edward E. Veara for the plaintiffs.

Robert E. O'Neil, Town Counsel, for the defendant.

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


HALE, C.J.

This is an action brought pursuant to G.L.c. 39, § 23B, as appearing in St. 1976, c. 397, § 6, seeking, among other things, (a) to invalidate two votes of the defendant planning board (board) which purported to deny an endorsement of "approval not required" on two plans of land which the plaintiffs had submitted to the board under G.L.c. 41, § 81P, as appearing in St. 1963, c. 363, § 1, and (b) a declaration of the rights and duties...

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