Batchelder v. Planning Board of Yarmouth

This case arises out of an approval by the defendant, planning board of Yarmouth (board), of a defective subdivision plan submitted by the trustees of Davenport Realty Trust (trust) for a development which would adjoin the Blue Rock golf course in Yarmouth. The plaintiffs own property abutting the locus. We are asked to decide whether the trust’s ownership interest in the locus was sufficient to obtain approval of its definitive subdivision plan, and if not, whether the board had the power to waive “the requirements of its regulations relative to the applications [for approval of a sub…