PAUL LIVOLI, INC. v. PLANNING BOARD OF MARLBOROUGH


347 Mass. 330 (1964)

197 N.E.2d 785

PAUL LIVOLI, INC. vs. PLANNING BOARD OF MARLBOROUGH.

Supreme Judicial Court of Massachusetts, Middlesex.

April 16, 1964.


Attorney(s) appearing for the Case

Morris Shapiro for the defendant.

William S. Monahan for the plaintiff.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & SPIEGEL, JJ.


SPALDING, J.

This is a bill in equity purportedly under G.L.c. 41, § 81BB, as amended through St. 1957, c. 199, § 2, by way of appeal from a decision of the planning board of Marlborough (board) disapproving and rejecting a preliminary subdivision plan submitted to it under the provisions of G.L.c. 41, § 81S, as amended through St. 1959, c. 189, and the rules and regulations of the board.

The case was referred to a master whose findings, in...

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