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R.C. MGMT. CORP. v. PLANNING BD OF SOUTHBRIDGE

No. 90-P-355.

31 Mass. App. Ct. 510 (1991)

580 N.E.2d 1045

R.C. MANAGEMENT CORP. vs. PLANNING BOARD OF SOUTHBRIDGE.

Appeals Court of Massachusetts, Worcester.

November 6, 1991.

Attorney(s) appearing for the Case

Richard B. Johnson for the plaintiff.

Arthur P. Kreiger for the defendant.

Present: DREBEN, FINE, & JACOBS, JJ.

DREBEN, J.

Unlike the usual case in which a developer seeks exemption from the subdivision control law, the plaintiff-developer in this action is challenging a decision of the planning board of Southbridge (board) denying approval of a plan on the ground, among others, that the plaintiff's plan is not a subdivision as defined in G.L.c. 41, § 81L. A judge of the Superior Court allowed the board's motion for summary judgment based on this contention.

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