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J. & C. HOMES, INC. v. PLANNING BOARD OF GROTON

8 Mass. App. Ct. 123 (1979)

391 N.E.2d 1232

J. & C. HOMES, INC. & others vs. PLANNING BOARD OF GROTON (and a companion case).

Appeals Court of Massachusetts, Middlesex.

July 17, 1979.

Attorney(s) appearing for the Case

Eugene L. Tougas for the plaintiffs.

Douglas F. Seaver (Brian A. O'Connell with him) for the defendant.

Present: ARMSTRONG, ROSE, & DREBEN, JJ.

DREBEN, J.

These are appeals in two actions which were consolidated for trial. In the first action, the plaintiffs claimed that the planning board of Groton (board) violated G.L.c. 39, §§ 23A-23B, the Massachusetts open meeting law; in the second action, an appeal pursuant to G.L.c. 41, § 81BB, J. & C. Homes, Inc. (the developer), claimed that the board exceeded its authority in imposing certain conditions as a prerequisite to approval of the developer...

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