New England Development, LLC v. Berg

OPINION

Justice FLAHERTY,

for the Court.

The desire of New England Development, LLC (plaintiff or NED), to build a substantial shopping center in Tiverton (Tiverton Commons) and an allegation that the Tiverton Planning Board (planning board) failed to approve NED’s master plan in a timely fashion brings this dispute before the Court. The planning board voted to reject NED’s master plan application, but NED contends that the planning board’s failure to file a written decision in accordance with a statutory deadline triggered its entitlement to a certificate of the planning board’s failure to act…