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CLOWS v. PLANNING BOARD OF MIDDLETON

12 Mass. App. Ct. 129 (1981)

422 N.E.2d 457

LOUIS G. CLOWS & another vs. PLANNING BOARD OF MIDDLETON.

Appeals Court of Massachusetts, Essex.

June 23, 1981.

Attorney(s) appearing for the Case

Jerome A. Segal, Town Counsel, for the defendant.

Sumner H. Smith (Michael A. Constantino with him) for the plaintiffs.

Present: BROWN, DREBEN, & KASS, JJ.

KASS, J.

The plaintiffs owned two parcels of land on Gates Road in Middleton, the first containing 42,340 square feet and the second 48,600 square feet, for each of which they filed a plan for endorsement that approval under the Subdivision Control Law was not required. See G.L.c. 41, § 81P. Endorsement to this effect was refused by the planning board and from that refusal the plaintiffs appealed. We think that...

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