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BATCHELDER v. PLANNING BOARD OF YARMOUTH

No. 89-P-1338.

31 Mass. App. Ct. 104 (1991)

575 N.E.2d 366

THERON BATCHELDER & others vs. PLANNING BOARD OF YARMOUTH; PALMER DAVENPORT, trustee, intervener.

Appeals Court of Massachusetts, Barnstable.

July 23, 1991.

Attorney(s) appearing for the Case

Matthew J. Dupuy for the intervener.

Charles M. Sabatt for the plaintiffs.

Present: BROWN, PERRETTA, & LAURENCE, JJ.

BROWN, J.

This case arises out of an approval by the defendant, planning board of Yarmouth (board), of a defective subdivision plan submitted by the trustees of Davenport Realty Trust (trust) for a development which would adjoin the Blue Rock golf course in Yarmouth. The plaintiffs own property abutting the locus. We are asked to decide whether the trust's ownership interest in the locus was sufficient to obtain approval of its definitive subdivision plan, and if...

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