Legal Opinion
Toothaker v. Planning Board of Billerica
Massachusetts Supreme Judicial Court
Decided November 5, 1963PublishedCited by 8 opinions
1Opinion of the CourtWhittemore, J.
The planning board of the town of Bil-lerica has appealed from the final decree in the Superior Court which ruled that “the subdivision of the petitioners’ land is not subject to the ‘subdivision control law’ as set forth in Gr. L. c. 41, §§ 81K to SlGrGr,” inserted by St. 1953, c. 674, § 7, as amended. The ease was heard on a statement of agreed facts.
The plaintiffs own approximately 1,200 lots in a subdivision of over 1,800 lots on or adjacent to two public ways, Pond Street and Salem Road. The subdivision is shown on a plan recorded in 1914. Twenty-three ways are shown as within the…
2Cases cited4 opinions
- Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
- Wellwood v. Havrah Mishna Anshi Sphard Cemetery Corp.Massachusetts Supreme Judicial Court · 1926
- Prentiss v. City of GloucesterMassachusetts Supreme Judicial Court · 1920
- Walker v. E. William & Merrill C. Nutting, Inc..Massachusetts Supreme Judicial Court · 1939
3Cited by8 opinions
- Sturges v. Town of ChilmarkMassachusetts Supreme Judicial Court · 1980
- Lyman v. Planning Board of WinchesterMassachusetts Supreme Judicial Court · 1967
- Crowley v. J. C. Ryan Construction, Inc.Massachusetts Supreme Judicial Court · 1969
- Matthews v. Planning BoardMassachusetts Appeals Court · 2008
- Spalke v. Board of Appeals of PlymouthMassachusetts Appeals Court · 1979
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