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CZYOSKI v. PLANNING BOARD OF TRURO

No. 09-P-1156.

77 Mass. App. Ct. 151 (2010)

JUDITH A. CZYOSKI & others v. PLANNING BOARD OF TRURO.

Appeals Court of Massachusetts, Suffolk.

June 29, 2010.

Attorney(s) appearing for the Case

E. James Veara for the defendant.

Thomas O. Moriarty & Bruce P. Gilmore (Robert Nislick with them) for the plaintiffs.

Present: McHUGH, MILKEY, & HANLON, JJ.

MILKEY, J.

By failing to adhere to statutorily prescribed procedures, the planning board of the town of Truro (the board) constructively approved a definitive subdivision plan for a residential development. The board then sought to undo its error by rescinding the approval. On cross motions for summary judgment, a Land Court judge ruled that the board failed to justify the rescission based on any substantive concerns about the proposed development. He also concluded...

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