Kelley v. Planning Board

This is an action brought pursuant to G. L. c. 39, § 23B, as appearing in St. 1976, c. 397, § 6, seeking, among other things, (a) to invalidate two votes of the defendant planning board (board) which purported to deny an endorsement of "approval not required” on two plans of land which the plaintiffs had submitted to the board under G. L. c. 41, § 81P, as appearing in St. 1963, c. 363, § 1, and (b) a declaration of the rights and duties of the parties relative to said plans. Judgment was entered, and the plaintiffs have appealed from part 2 thereof.1

*25The plaintiffs’ brief informs us that…