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YOUNG v. PLANNING BOARD OF CHILMARK

402 Mass. 841 (1988)

525 N.E.2d 654

HOWARD W. YOUNG & another vs. PLANNING BOARD OF CHILMARK.

Supreme Judicial Court of Massachusetts, Dukes County.

July 13, 1988.

Attorney(s) appearing for the Case

Thomas B. Bracken for the defendant.

Robert K. Lamere (Richard P. Owens with him) for the plaintiffs.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.

WILKINS, J.

We are concerned here principally with whether a planning board properly may rescind its approval of a definitive subdivision plan because the developers failed to make a gift for the benefit of the town that the developers had said they would make voluntarily but which they and the planning board fully understood was not to be a condition of planning board approval. We conclude that the developers' failure to make such a gift, which the planning board...

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