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BERNSTEIN v. PLANNING BOARD OF STOCKBRIDGE

Nos. 06-P-589, 07-P-982, 07-P-1595, & 07-P-1596.

76 Mass. App. Ct. 759 (2010)

RICHARD BERNSTEIN & another v. PLANNING BOARD OF STOCKBRIDGE (and three companion cases).

Appeals Court of Massachusetts, Suffolk.

May 21, 2010.

Attorney(s) appearing for the Case

Christopher H. Heep for planning board of Stockbridge.

Arthur P. Kreiger for Stone Ridge Associates, LLC.

Present: KANTROWITZ, SMITH, & GRAHAM, JJ.

SMITH, J.

These land use cases present a complex knot of interrelated litigation and appeals tied to the constructive approval of a definitive subdivision plan in Stockbridge (town). The four appeals, which we address together in this opinion, are appeals by the defendant planning board of Stockbridge (board). The board challenges (1) the entry of summary judgment in the Land Court in favor of the plaintiff developer...

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