Legal Opinion

Adams v. Planning Board

Massachusetts Appeals Court

Decided August 31, 2005No. 03-P-1072PublishedCited by 17 opinions

1Opinion of the CourtCelinas, J.

Based on his conclusion that the defendant Frank Gobbi, Jr., has no access rights serving the land for which he obtained subdivision approval from the defendant planning board of Westwood (board), a Land Court judge annulled the board’s approval. We conclude that Gobbi owns the fee in por*384tians of the roadway at the center of the parties’ dispute (disputed way) and that he holds an easement benefiting the subdivision land. We also conclude that the judge correctly determined the propriety of various conditions imposed by the board on its approval.4

We recite facts and procedure necessary to an…

2Cases cited18 opinions

  1. Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
  2. Sullivan v. DonohoeMassachusetts Supreme Judicial Court · 1934
  3. Boudreau v. ColemanMassachusetts Appeals Court · 1990
  4. Cheever v. GravesMassachusetts Appeals Court · 1992
  5. Rowley v. Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 2003

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3Cited by17 opinions

  1. Martin v. Simmons Properties, LLCMassachusetts Supreme Judicial Court · 2014
  2. Hickey v. Pathways Association, Inc.Massachusetts Supreme Judicial Court · 2015
  3. Hamouda v. HarrisMassachusetts Appeals Court · 2006
  4. Lane v. Zoning Board of AppealsMassachusetts Appeals Court · 2006
  5. Post v. McHughMassachusetts Appeals Court · 2010

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