Legal Opinion

Czyoski v. Planning Board

Massachusetts Appeals Court

Decided June 29, 2010No. 09-P-1156PublishedCited by 1 opinion

1Opinion of the CourtMilkey, J.

By failing to adhere to statutorily prescribed procedures, the planning board of the town of Truro (the board) constructively approved a definitive subdivision plan for a residential development. The board then sought to undo its error by rescinding the approval. On cross motions for summary judgment, a Land Court judge ruled that the board failed to justify the rescission based on any substantive concerns about the proposed development. He also concluded that the board’s desire to undo its procedural error and start the process over was not by itself sufficient to justify the board’s action.…

2Cases cited14 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Kourouvacilis v. General Motors Corp.Massachusetts Supreme Judicial Court · 1991
  3. Board of Selectmen of Pembroke v. R. & P. REALTY CORP.Massachusetts Supreme Judicial Court · 1964
  4. Kay-Vee Realty Co. Inc. v. Town Clerk of LudlowMassachusetts Supreme Judicial Court · 1969
  5. M. DeMatteo Construction Co. v. Board of AppealsMassachusetts Appeals Court · 1975

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3Cited by1 opinion

  1. Reeve v. ThompsonMassachusetts Land Court · 2021

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