Elm Street Realty Trust v. Planning Board

The plaintiff, Elm Street Realty Trust, Bradford C. Cushing, Trustee (Trust), filed this action under G.L.c. 41, §8 IBB against the membership of the Planning Board of the Town of Duxbuxy (Board). The Trust alleges it is aggrieved because the Board denied *643its request for approval of the plan under c. 41, §81P. The Trust seeks to annul the vote of the Board. Both parties moved for summary judgment.

Summary Judgment shall be allowed on the Board’s motion and denied on the Trust’s application.

DISCUSSION

On September 9, 1996 the Board approved a definitive subdivision plan submitted by the Trust…