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LORING HILLS DEVELOPERS TRUST v. PLANNING BD. OF SALEM

374 Mass. 343 (1978)

372 N.E.2d 775

LORING HILLS DEVELOPERS TRUST vs. PLANNING BOARD OF SALEM.

Supreme Judicial Court of Massachusetts, Essex.

February 6, 1978.

Attorney(s) appearing for the Case

Timothy J. O'Keefe (Michael D. Kelly with him) for the plaintiff.

James T. Ronan & William J. Tinti for the defendant.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, & WILKINS, JJ.

BRAUCHER, J.

We here review the disapproval of a subdivision plan by a board of health and a planning board under G.L.c. 41, §§ 81K-81GG,1 the subdivision control law. In summary, we reach the following conclusions. (1) The action of the board of health, whether or not proper, amounted to a report of disapproval under § 81U, rather than a failure to report, to be "deemed approval...

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