Kupperstein v. Planning Board

This action came before the Superior Court on the plaintiffs’ complaint, captioned “Petition for Writ of Mandamus.” The plaintiffs sought an order requiring the planning board for the town of Cohasset (board) forthwith to endorse a plan as “approval under the subdivision control law not required,” and an order that the town clerk forthwith issue a certificate to the same effect. There is no dispute as to the facts, which are succinctly stated by the judge in his memorandum of decision and order on the plaintiffs’ motion for judgment on the pleadings. Mass.R.Civ.P. 12(c), 365 Mass. 754 (1974).

T…