Legal Opinion

Dennis v. Planning Board

Massachusetts Appeals Court

Decided February 6, 2008No. 06-P-1908PublishedCited by 1 opinion

1Opinion of the CourtCypher, J.

The plaintiffs appeal from a Superior Court judgment affirming rescission of the constructive approval of a *180subdivision plan by the planning board (board) of the town of Winchester (town). We affirm.

Background. The plaintiffs are the successor owners of land that was proposed for subdivision in 1999 by Michael F. Greene and Janet Burke (original owners). The board filed a certificate disapproving the definitive plan with the town’s clerk on August 10, 2001, two days after the expiration of the ninety-day review period in G. L. c. 41, § 81U, fifth par. The original owners timely filed a…

2Cases cited8 opinions

  1. Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
  2. Coraccio v. Lowell Five Cents Savings BankMassachusetts Supreme Judicial Court · 1993
  3. Kay-Vee Realty Co. Inc. v. Town Clerk of LudlowMassachusetts Supreme Judicial Court · 1969
  4. Stoner v. Planning Board of AgawamMassachusetts Supreme Judicial Court · 1971
  5. Windsor v. PLANNING BOARD OF WAYLANDMassachusetts Appeals Court · 1988

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3Cited by1 opinion

  1. Czyoski v. Planning BoardMassachusetts Appeals Court · 2010

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