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STURDY v. PLANNING BOARD OF HINGHAM

Nos. 90-P-671 & 90-P-678.

32 Mass. App. Ct. 72 (1992)

586 N.E.2d 11

ROBERT H. STURDY & another vs. PLANNING BOARD OF HINGHAM (and a companion case).

Appeals Court of Massachusetts, Plymouth.

February 6, 1992.

Attorney(s) appearing for the Case

James A. Toomey, Town Counsel, for the defendants.

John C. Englander, for the plaintiffs.

Present: DREBEN, GILLERMAN, & GREENBERG, JJ.

DREBEN, J.

Whether the plaintiffs' proposed plan dividing land abutting on Side Hill Road in Hingham is entitled to the endorsement "approval not required" (ANR) under G.L.c. 41, § 81P, depends on whether Side Hill Road is a public way3 and whether the access the way affords is illusory.

The judge found that the road has been a public way since 1737, but also found that, in...

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