Representative Cases

Montello v. Burlington Planning Board, Land Court (2005)

Summary: Planning Board refused to endorse a "Form A" plan, claiming prior 2-lot subdivision decision prohibited the re-division of the property into three residential lots. The property owner appealed. The Land Court ruled on summary judgment that the Board's refusal to endorse the 3-lot plan was legally untenable and beyond the Board's authority.

Conclusion:

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