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GATES v. PLANNING BOARD OF DIGHTON

No. 98-P-428.

48 Mass. App. Ct. 394 (2000)

LAWRENCE S. GATES & others v. PLANNING BOARD OF DIGHTON.

Court of Appeals of Massachusetts, Bristol.

January 4, 2000.

Attorney(s) appearing for the Case

Mark Bobrowski for the defendant.

Mark L. Levin for the plaintiffs.

Present: KASS, KAPLAN, & GELINAS, JJ.

KASS, J.

Since the opinion in Gifford v. Planning Bd. of Nantucket, 376 Mass. 801 (1978), planning boards and developers of real estate have continued to present cases that raise the question whether access to a public way is "illusory" for purposes of obtaining an "ANR" (approval not required) endorsement under G. L. c. 41, § 81P. This is such a case, as is the case reported immediately following in this volume...

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