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<br />Zoning Bulletin <br /> <br />which required affirmative proof. The ~ourt found the town offered <br />no facts to support the fact or inference of a fraud. <br /> <br />See also: Murphy v. Planning Bd. of Norwell, 5 Mass. App. Ct. 393, <br />363 N.E.2d 536 (1977). <br /> <br />Case Note: The court also said that the fact that Terrill and the <br />bank knew of the town's intent to disapprove the subdivision <br />did not raise any question that their actions were anything less <br />than their exercise of rights under the law. Knowledge of the <br />town's failure to file the certificate on time in order to prevent <br />the constructive approval could not prevent Terrill from prop- <br />erly utilizing procedures allowed it under law, the court said. In <br />support of that conclusion, the court said that the intention of <br />the relevant sections of the statute was to set up an orderly pro- <br />cedure for definitive action within stated times, so that all con- <br />cerned could rely on the record or absence of the record within <br />those times. <br /> <br /> <br />12 <br /> <br />148 <br /> <br />-~ <br />-, <br />