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CASAGRANDE v. TOWN CLERK OF HARVARD

377 Mass. 703 (1979)

387 N.E.2d 571

LEO CASAGRANDE & another vs. TOWN CLERK OF HARVARD (and a companion case).

Supreme Judicial Court of Massachusetts, Worcester.

April 3, 1979.

Attorney(s) appearing for the Case

Louis N. Levine (Charles G. Kadison, Jr., with him) for the plaintiffs.

Richmond T. Edes, Town Counsel, for the defendants.

Present: HENNESSEY, C.J., BRAUCHER, KAPLAN, LIACOS, & ABRAMS, JJ.

ABRAMS, J.

The controversy before the court centers on whether a tract of land fronting on Sawyer Lane, a statutory private way in the town of Harvard, may be divided without planning board approval as a tract of land as to which approval under the Subdivision Control Law is not required. See G.L.c. 41, §§ 81L, 81P. At issue is whether a "statutory private way"2 is a "public way" or is a "way

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