Cumberland Farms, Inc. v. Planning Board of Bourne

Cumberland Farms, Inc. (Cumberland) appeals from a Superior Court judgment which, upon a complaint in the nature of certiorari, G. L. c. 249, § 4, affirmed the denial by the Bourne planning board (planning board) of site plan approval in connection with an application for a building permit. Cumberland complains that the judge used an inappropriate standard when he reviewed the administrative record, and, upon a proper standard, should have annulled the planning board’s decision and ordered that board to issue approval. We hold, however, that certiorari was not appropriate in this case because…