Legal Opinion
McDavitt v. Planning Board
Massachusetts Appeals Court
Decided May 25, 1977PublishedCited by 1 opinion
1Opinion of the Court
The defendant planning board of the town of Winchester (board) appeals from a declaratory judgment entered in the Superior Court in favor of a landowner, the plaintiff McDavitt. We conclude that the judge did not abuse her discretion in granting declaratory relief to the plaintiff. See Smith v. Building Commr. of Brookline, 367 Mass. 765, 768 (1975). While the board has not yet rescinded its approval of the subdivision of lots 1-9 in McDavitt’s development so as to entitle him to appeal under c. 41, § 8IBB, it has threatened to do so. Should McDavitt fail to extend Thornberry Road *828over a…
2Cases cited7 opinions
- Ciszewski v. Industrial Accident BoardMassachusetts Supreme Judicial Court · 1975
- Woods v. City of NewtonMassachusetts Supreme Judicial Court · 1965
- Belfer v. Building Commissioner of BostonMassachusetts Supreme Judicial Court · 1973
- Smith v. Building Commissioner of BrooklineMassachusetts Supreme Judicial Court · 1975
- McDavitt v. Planning BoardMassachusetts Appeals Court · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Town of Holden v. Division of Water Pollution ControlMassachusetts Appeals Court · 1978