Duddy v. Mankewich

The principal issue in this case is whether a plan submitted by the defendant James J. Mankewich to the planning board of Scituate (board), seeking endorsement under G. L. c. 41, § 8 IP, that approval of the plan was not required under the subdivision control law, requires an affirmative vote by a majority of the members of the board or whether a majority of a quorum of the board will suffice. We conclude that the former is required; therefore, in the absence of the requisite vote, Mankewich’s plan was disapproved.

1. Background. Mankewich and the plaintiffs, John R. and Kathleen A. Duddy and…