FEDERLINE v. PLANNING BOARD OF BEVERLY

No. 91-P-18.

33 Mass. App. Ct. 65 (1992)

596 N.E.2d 1028

SHIRLEY J. FEDERLINE, trustee, vs. PLANNING BOARD OF BEVERLY & another.

Appeals Court of Massachusetts, Suffolk.

July 24, 1992.


Attorney(s) appearing for the Case

Mary P. Harrington for the defendants.

Paul D. Gallese (Murray G. Shocket with him) for the plaintiff.

Present: BROWN, SMITH, & IRELAND, JJ.


SMITH, J.

The planning board of the city of Beverly (board) appeals from a judgment of the Land Court ordering the board to approve the plaintiff's subdivision plan. The Land Court had concluded that the decision of the board denying approval of the plaintiff's definitive subdivision plan was outside its authority and legally untenable.

The facts are not in dispute. The board's rules and regulations governing the subdivision of land included the following...

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