COLLINGS v. PLANNING BOARD OF STOW

No. 10-P-533.

79 Mass. App. Ct. 447 (2011)

ROBERT COLLINGS & others v. PLANNING BOARD OF STOW.

Appeals Court of Massachusetts, Suffolk.

May 10, 2011.


Attorney(s) appearing for the Case

Michelle J. Blair for the plaintiffs.

Jonathan D. Witten for the defendant.

Present: KAFKER, SMITH, & HANLON, JJ.


KAFKER, J.

The issue presented to us is whether, as a condition of granting subdivision approval, the town of Stow (town) planning board (board) may require dedication of open space for public use and actual conveyance of that open space to the town in exchange for certain waivers without violating G. L. c. 41, § 81Q. The plaintiffs, Robert and Caroline Collings and Linda S. Cornell, appealed to the Land Court...

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