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K. HOVNANIAN AT TAUNTON, INC. v. PLANNING BD.

No. 90-P-1299.

32 Mass. App. Ct. 480 (1992)

590 N.E.2d 1172

K. HOVNANIAN AT TAUNTON, INC. vs. PLANNING BOARD OF TAUNTON.

Appeals Court of Massachusetts, Bristol.

May 4, 1992.

Attorney(s) appearing for the Case

Edmund J. Brennan, Jr., for the defendant.

Barbara A. Lenk (M. Frederick Pritzker with her) for the plaintiff.

Present: DREBEN, GILLERMAN, & PORADA, JJ.

GILLERMAN, J.

After the plaintiff's definitive subdivision plan was denied approval by the city of Taunton planning board (the board), a judge of the Land Court, reviewing the board's decision under the provisions of G.L.c. 41, § 81BB, concluded that the board had exceeded its authority. A judgment was entered annulling the board's decision and remanding the case to the board for further action "not inconsistent with" the judge's decision. Because the judge's...

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