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HAHN v. PLANNING BOARD OF STOUGHTON

24 Mass. App. Ct. 553 (1987)

511 N.E.2d 20

WILLIAM A. HAHN & others vs. PLANNING BOARD OF STOUGHTON; SALVATORE B. SIMEONE & others, trustees, interveners.

Appeals Court of Massachusetts, Norfolk.

July 30, 1987.

Attorney(s) appearing for the Case

William A. Hahn for the plaintiffs.

Nancy R. Isikoff for Salvatore B. Simeone & others, interveners.

Elizabeth A. Lane for the Planning Board of Stoughton.

Present: BROWN, PERRETTA, & DREBEN, JJ.

DREBEN, J.

The plaintiffs brought this action (G.L.c. 41, § 81BB) against the planning board (board) to annul its decision approving the intervener-developer's subdivision plan. A judge of the Superior Court allowed the developer's motion for summary judgment and determined, pursuant to Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), that there was no just reason for delay. Judgment entered affirming the decision of the board. This appeal followed. The plaintiffs...

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