McElderry v. Planning Board

The principal issue in this case, which we transferred to this court on our own motion, concerns whether approval of a definitive subdivision plan by a municipal planning board requires an affirmative vote by a majority of a quorum of the members of the board, or such a vote by a majority of the members of the board. We conclude that the latter is required, and as a consequence, in the absence of the requisite vote, the plaintiffs’ definitive subdivision plan was disapproved. The case, however, must be remanded to the Superior Court to decide the plaintiffs’ alternative claim that, if the…