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TERRILL v. PLANNING BOARD OF UPTON

No. 06-P-1711.

71 Mass. App. Ct. 171 (2008)

RICHARD E. TERRILL, trustee, & another v. PLANNING BOARD OF UPTON.

Appeals Court of Massachusetts, Suffolk.

February 6, 2008.

Attorney(s) appearing for the Case

Patricia A. Cantor (Robert H. McKertich with her) for the defendant.

Jeffrey L. Roelofs for the plaintiffs.

Present: Cypher, Vuono, & Grainger, JJ.

CYPHER, J.

In February of 2004, the planning board (board) of the town of Upton (town) rescinded the constructive approval of a subdivision plan, which approval had been secured by plaintiff Richard E. Terrill, as trustee of the Route 140 Upton Realty Trust, and plaintiff Upton Milford Street Realty, LLC (collectively, plaintiffs). See G. L. c. 41, § 81W. The plaintiffs filed an appeal in the Land Court seeking...

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