Cape Ann Land Development Corp. v. City of Gloucester

The plaintiff (Cape Ann) is the owner of fourteen and one-half acres of land (locus) adjacent to Route 128 in Gloucester (city) on which it has operated an open air motion picture theatre for approximately twenty years and on which it now wishes to construct a shopping center. In December, 1972, Cape Ann submitted a “perimeter plan” of the locus to the Gloucester planning board, requesting that the plan be endorsed “subdivision approval not required.” See G. L. c. 41, § 81P. A city clerk’s certificate concerning the failure of the planning board to act seasonably, equivalent in effect to such…