Capone v. Finnerty

This is an action by plaintiffs (hereinafter "Capone”) under G.L.c. 41, §8IBB, to appeal the approval of a definitive subdivision plan off White’s Pond Road in Lancaster, Massachusetts. Capone alleges, the Lancaster Planning Board violated and/or ignored the Subdivision Control Law as well as its own regulations in approving the subdivision plan. The matter is before the court on a motion for summary judgment pursuant to Mass.R.Civ.P. 56, brought by defendants (hereinafter “Benjamin Builders”).3 For the reasons discussed below, Benjamin Builders’ motion for summary judgment is ALLOWED.

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