Vitale v. Planning Board of Newburyport

Because the proposed development might endanger a municipal water source, the planning board of Newburyport (planning board) disapproved the plaintiff’s definitive plan. G. L. c. 41, §§ 810, 81U. Aggrieved, the plaintiff appealed under G. L. c. 41, § 81BB. The plaintiff’s motion for judgment on the pleadings and the defendant’s cross motion for summary judgment 1 put the question whether the planning board had the authority to reject the plan for the reason of potential water pollution after the board of health of Newburyport (board of health) had approved it. The judge decided that issue…