R.D. MATTHEWS CONSTR. v. PLANNING BD., HINGHAM


13 Mass. App. Ct. 497 (1982)

434 N.E.2d 684

R.D. MATTHEWS CONSTRUCTION CO., INC. vs. PLANNING BOARD OF HINGHAM.

Appeals Court of Massachusetts, Plymouth.

May 5, 1982.


Attorney(s) appearing for the Case

Richard L. Wainwright for the plaintiff.

Chester A. Janiak (George M. Ford with him) for the defendant.

Present: GOODMAN, PERRETTA, & KASS, JJ.


KASS, J.

At issue is whether a misbegotten jury claim and a consequently mistaken order of reference to a master permanently governs the "facts final" or "facts not final" status of a master's report.

Although not so described by caption or text, the complaint in this action was one brought under G.L.c. 41, § 81BB, as appearing in St. 1957, c. 199, § 2, in that it sought review of a decision of a planning board. That decision was a refusal to release...

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