5 Mass. App. Ct. 827 | Mass. App. Ct. | 1977
The defendant planning board of the town of Winchester (board) appeals from a declaratory judgment entered in the Superior Court in favor of a landowner, the plaintiff McDavitt. We conclude that the judge did not abuse her discretion in granting declaratory relief to the plaintiff. See Smith v. Building Commr. of Brookline, 367 Mass. 765, 768 (1975). While the board has not yet rescinded its approval of the subdivision of lots 1-9 in McDavitt’s development so as to entitle him to appeal under c. 41, § 8IBB, it has threatened to do so. Should McDavitt fail to extend Thornberry Road
Judgment affirmed.