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VITALE v. PLANNING BOARD OF NEWBURYPORT

10 Mass. App. Ct. 483 (1980)

409 N.E.2d 237

S. FRANCIS VITALE, trustee, vs. PLANNING BOARD OF NEWBURYPORT.

Appeals Court of Massachusetts, Essex.

September 8, 1980.

Attorney(s) appearing for the Case

Richard B. Jones, City Solicitor, for the defendant.

David Berman for the plaintiff.

Present: HALE, C.J., KASS, & NOLAN, JJ.

KASS, J.

Because the proposed development might endanger a municipal water source, the planning board of Newburyport (planning board) disapproved the plaintiff's definitive plan. G.L.c. 41, §§ 81O, 81U. Aggrieved, the plaintiff appealed under G.L.c. 41, § 81BB. The plaintiff's motion for judgment on the pleadings and the defendant's cross motion for summary judgment1 put the

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