Ward & Johnson, Inc. v. Planning Board of Whitman

This case concerns the validity of a decision by the planning board of Whitman disapproving a subdivision plan of the plaintiff submitted to the board pursuant to the provisions of Gr. L. c. 41, § 810. On February 8, 1960, the plaintiff submitted a preliminary plan, § 81S, and on February 19, a definitive plan. On April 18, the board disapproved the definitive plan on two grounds, (1) because there had been no final approval of the suitability of the land by the board of health, and (2) because the plan did not conform to the zoning by-law adopted by the town. The plaintiff appealed to the…