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ARENSTAM v. PLANNING BOARD OF TYNGSBOROUGH

No. 89-P-1330.

29 Mass. App. Ct. 314 (1990)

560 N.E.2d 142

JOHN D. ARENSTAM, trustee, vs. PLANNING BOARD OF TYNGSBOROUGH & another.

Appeals Court of Massachusetts, Suffolk.

October 1, 1990.

Attorney(s) appearing for the Case

Leslie H. Rudnick for the plaintiff.

Charles J. Zaroulis, Town Counsel (Brenda P. Maille with him) for the defendants.

Present: ARMSTRONG, DREBEN, & IRELAND, JJ.

IRELAND, J.

The plaintiff, who as trustee of Landcor Realty Trust owns eighty-three acres of land in Tyngsborough (the "locus"), filed on March 27, 1987, a preliminary subdivision plan with the planning board. See G.L.c. 41, § 81S, as amended through St. 1964, c. 105, § 1. In May of that year, the town amended its zoning by-law in a manner that would preclude commercial or industrial development of the locus. On October 27, exactly seven months after submission...

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