Bucci v. Planning Board

After the plaintiffs’ “Appeal under the provisions of G. L. c. 41, § 81BB” praying “[t]hat the approval of the Planning Board in granting the subdivision to Respondent Batter be annulled,” the defendant planning board, with the consent of John F. Batter, Jr., and Rosemary A. Batter, also defendants, and their successors in title,1 rescinded its approval of that subdivision plan. Therefore, the plaintiffs’ case is (as the defendant-appellees argue) moot. The plaintiffs’ attack on the decision of the planning board rescinding its approval fails for the reason (among others) that the rescission…