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MILES v. PLANNING BOARD OF MILLBURY

404 Mass. 489 (1989)

536 N.E.2d 328

BENJAMIN F. MILES & another vs. PLANNING BOARD OF MILLBURY.

Supreme Judicial Court of Massachusetts, Worcester.

April 5, 1989.

Attorney(s) appearing for the Case

James M. Burgoyne for the plaintiffs.

Elizabeth A. Lane for the defendant.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

ABRAMS, J.

The planning board of Millbury (board) approved the plaintiffs' plan of subdivision2 subject to three conditions. First, a concrete sidewalk had to be constructed on one side of the street. Second, a sloped granite curbing had to be installed on both sides of the street. Third, all utility lines had to be buried underground. The plaintiffs appealed to the Superior Court, alleging that...

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