Patelle v. Planning Board

Although our task is made somewhat difficult by the defendants’ failure to file a brief, for all that appears, the critical issue to be decided is whether the planning board was required to hold an additional public hearing when it revoked its earlier disapproval of a definitive subdivision plan (the so called Blueberry Hill 1 Extension) and then approved that plan. The plaintiffs’ argument in favor of an additional public hearing is that the words "as amended” found in the second sentence of the second paragraph of G. L. c. 41, § 81U (as amended through St. 1972, c. 749, §§ 1 & 2) trigger §…