J & R Investment, Inc. v. City Clerk

This is an appeal from a partial summary judgment in favor of the plaintiffs entered in the Superior Court pursuant to Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974). The only aspect of the judgment contested by the defendants below and argued on appeal relates to the plaintiffs’ claim that they had the right to have a plan of certain land they owned in New Bedford endorsed “approval under the subdivision control law not required” in accordance with G. L. c. 41, § 81P, as appearing in St. 1963, c. 363, § 1.3 That statute *3provided that if, within fourteen days of the filing of a plan and…