Wheatley v. Planning Board of Hingham

The plaintiffs, pursuant to G. L. c. 41, § 81BB, appealed from a decision of the defendant planning board of Hingham (board) approving upon conditions a plan for the subdivision of an eighty-eight acre tract of land in Hingham (locus) submitted in 1973 by the defendant Hanian. 2 The trial judge filed findings of fact pursuant to Mass.R.Civ.P. 52(a), 365 Mass. 816 (1974), and ordered that judgment enter stating that the board’s decision was "not in excess of its authority and is affirmed.” The plaintiffs appeal from the ensuing judgment. We reverse. The facts, as relevant, appear in the body…