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CALNAN v. PLANNING BOARD OF LYNN

No. 04-P-91.

63 Mass. App. Ct. 384 (2005)

PATRICK B. CALNAN & others v. PLANNING BOARD OF LYNN & another.

Appeals Court of Massachusetts, Suffolk.

May 4, 2005.

Attorney(s) appearing for the Case

George E. Richardson for the plaintiffs.

John M. Hartley for David J. Solimine.

James P. Lamanna, for Planning Board of Lynn, was present but did not argue.

Present: PERRETTA, GRASSO, & MILLS, JJ.

MILLS, J.

A Land Court judge determined, on summary judgment, that the plaintiffs' appeal of a decision of the planning board of Lynn (board) approving a subdivision plan (plan) was not timely filed in accordance with G. L. c. 41, § 81BB.3 The plaintiffs argue that the judge erred in holding them to the twenty-day limitation because, despite their reasonable efforts, they were unable...

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