Terrill v. Planning Board

In February of 2004, the planning board (board) of the town of Upton (town) rescinded the constructive approval of a subdivision plan, which approval had been secured by plaintiff Richard E. Terrill, as trustee of the Route 140 Upton Realty Trust, and plaintiff Upton Milford Street Realty, LLC (collectively, plaintiffs). See G. L. c. 41, § 81W. The plaintiffs *172filed an appeal in the Land Court seeking to annul the rescission on the ground that the board had not obtained the consent of the bank holding a mortgage secured by the subdivision land and obtained after the constructive approval…