Legal Opinion
Collings v. Planning Board
Massachusetts Appeals Court
Decided May 10, 2011No. 10-P-533PublishedCited by 6 opinions
1Opinion of the CourtKafker, J.
The issue presented to us is whether, as a condition of granting subdivision approval, the town of Stow (town) planning board (board) may require dedication of open space for public use and actual conveyance of that open space to the town in exchange for certain waivers without violating G. L. c. 41, § 81Q. The plaintiffs, Robert and Caroline Collings and Linda S. Cornell, appealed to the Land Court contesting the condition, and on the plaintiffs’ motion for summary judgment, the judge affirmed the decision of the board, following which the plaintiffs appealed to this court. In addition, we…
2Cases cited14 opinions
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- Dolan v. City of TigardSupreme Court of the United States · 1994
- Daley Construction Co. v. Planning Board of RandolphMassachusetts Supreme Judicial Court · 1959
- North Landers Corp. v. Planning Board of FalmouthMassachusetts Supreme Judicial Court · 1981
- Aronson v. Town of SharonMassachusetts Supreme Judicial Court · 1964
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3Cited by6 opinions
- Boone Coleman Constr., Inc. v. Village of PiketonOhio Court of Appeals · 2014
- Ninety Six, LLC v. Wareham Fire Dist.Massachusetts Appeals Court · 2017
- Beach v. Town of NorfolkMassachusetts Appeals Court · 2018
- Ninety Six, LLC v. Wareham Fire DistrictMassachusetts Appeals Court · 2018
- Reeve v. ThompsonMassachusetts Land Court · 2021
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