Hahn v. Planning Board

The plaintiffs brought this action (G. L. c. 41, § 8IBB) against the planning board (board) to annul its decision approving the intervener-developer’s subdivision plan. A judge of the Superior Court allowed the developer’s motion for summary judgment and determined, pursuant to Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), that there was no just reason for delay. Judgment entered affirming the decision of the board. This appeal followed. The plaintiffs claim (1) that the judge erred in not ruling that an easement, alleged by the plaintiffs to be held by the town, precluded approval of the…