Crocker v. MARTHA'S VINEYARD COMMISSION

At issue is the appropriate construction of the ninety-day time period in G. L. c. 41, § 81U, as applied to St. 1977, c. 831. The plaintiffs commenced this action seeking an order annulling the decision of the Martha’s Vineyard Commission (commission) disapproving their subdivision plan, and a declaration that their subdivision plan (plan) was constructively approved by the Chilmark planning board (board) for failure of the commission to take final action on the plan within ninety days. See G. L. c. 41, § 81U. In their motion for summary judgment, the plaintiffs asserted that, “[pjursuant to…