Wheatley v. Planning Board

The defendants-appellants, the owners of a proposed subdivision, appeal from a trial judge’s denial of their motion to amend the judgment that was entered in conformity with our rescript in Wheatley v. Planning Bd. of Hingham, 7 Mass. App. Ct. 435, 451 (1979). The motion was filed pursuant to Mass.R.Civ.P. 59(e), 365 Mass. 828 *885(1974). It was based upon an assertion that our opinion contemplated further consideration by the planning board of the previously submitted plan rather than submission of a new plan and that to that extent our re-script was inconsistent with the principles expressed in…