Carvalho v. Town of Lincoln, 00-5899 (2001)

DECISION

This matter is before the Court on plaintiff Eddy Carvalho's (Carvalho) Motion for Declaratory and Injunctive Relief and Motion for Mandamus. The subject matter is consolidated with the Town of Lincoln's appeal (C.A. No. 01-1136) from its own Zoning Board of Review, sitting in its capacity as the Planning Board of Appeal. Jurisdiction is pursuant to G.L. 1956 §§ 9-30-1 et. seq. and 45-23-71.

Facts/Travel

On or about April 4, 1995, Carvalho submitted a pre-application request to the Lincoln Planning Board for a proposed 22 lot residential subdivision to be called "Forest Park Estates."…