McELDERRY v. PLANNING BOARD OF NANTUCKET


431 Mass. 722 (2000)

JOHN B. McELDERRY, JR., & another v. PLANNING BOARD OF NANTUCKET.

Supreme Judicial Court of Massachusetts, Nantucket.

June 15, 2000.


Attorney(s) appearing for the Case

Paul Killeen for the plaintiffs.

Kimberly M. Saillant for the defendant.

Present: MARSHALL, C.J., ABRAMS, GREANEY, IRELAND, SPINA, & COWIN, JJ.


GREANEY, J.

The principal issue in this case, which we transferred to this court on our own motion, concerns whether approval of a definitive subdivision plan by a municipal planning board requires an affirmative vote by a majority of a quorum of the members of the board, or such a vote by a majority of the members of the board. We conclude that the latter is required, and as a consequence, in the absence of the requisite vote, the plaintiffs' definitive subdivision...

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