Murphy v. Planning Board

This is an appeal from a judgment of the Superior Court which upheld the 1974 decision of the defendant (board) by which it had rescinded its 1968 approval of a definitive plan of subdivision of land which the plaintiff acquired after that approval. The plaintiff appealed to the Superior Court under the provisions of G. L. c. 41, § 81BB. The plaintiff argues, among other things, (1) that G. L. c. 41, § 81W, as appearing in St. 1953, c. 674, § 7, does not permit rescission of a subdivision plan without the consent of the plaintiff and his mortgagee,1 and (2) that G. L. c. 41, § 81W, as amended…