K. Hovnanian at Taunton, Inc. v. Planning Board

After the plaintiffs definitive subdivision plan was denied approval by the city of Taunton planning board (the board), a judge of the Land Court, reviewing the board’s decision under the provisions of G. L. c. 41, § 8IBB, concluded that the board had exceeded its authority. A judgment was entered annulling the board’s decision and remanding the case to the board for further action “not inconsistent with” the judge’s decision. Because the judge’s decision left no basis for the board to withhold its approval of *481the plan, the judgment undoubtedly should be taken to mean that the board, upon…