Attitash Acres, Inc. v. Evans

By complaint filed December 10, 1996, plaintiff Attitash Acres, Inc., requests an order requiring the Planning Board of the Town of Merrimac (board) to endorse, as “approval not required” (ANR), a plan of land submitted by plaintiff to the board and showing a division of such land into a number of lots. Plaintiff claims that it is entitled to such relief on the grounds that the board’s failure to act upon the plan within the time required under G.L.c. 41, §81P, resulted in a constructive grant of the ANR endorsement.

Plaintiff filed its motion for summary judgment on March 6, 1997, accompanied…