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KIRBY v. PLANNING BD. OF REVIEW

92-524-Appeal.

634 A.2d 285 (1993)

James W. KIRBY v. PLANNING BOARD OF REVIEW OF the TOWN OF MIDDLETOWN v. PECKHAM BROS. CO., INC.

Supreme Court of Rhode Island.

November 26, 1993.

Attorney(s) appearing for the Case

Bradford Gorham, Gorham & Gorham, Providence, for plaintiff.

Turner C. Scott, Michael Miller, Miller, Scott, Howe & Kelly, Jeremiah Lynch, III, Stephen Haire, Newport, for defendant.

OPINION

LEDERBERG, Justice.

This litigation arises from the decision of the town of Middletown's Planning Board of Review (board) to reject the subdivision plat plan submitted by James W. Kirby (Kirby). Kirby appealed the decision. The Superior Court, sitting without a jury, entered a judgment sustaining his appeal and reversing the board's decision. The board and Peckham Bros. Co., Inc. (Peckham) appeal the judgment of the Superior Court.

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