Patel v. Planning Board of North Andover

The plaintiffs own a lot in Marbleridge Estates, an approved subdivision in North Andover. In this action against the town’s planning board and the developer of Abbott Village Estates, an adjacent subdivision, the plaintiffs challenge the proposed construction on their property of a roadway which would connect streets in the two subdivisions. A Superior Court judge, after a jury-waived trial, ruled in favor of the plaintiffs, concluding that no easement for the roadway had been created. We affirm.

The underlying facts are not in dispute. In 1975, the Barco Corporation (Barco) submitted to the…