Land Court Sets Width and Grade of Long Unused Easement : Massachusetts Land Use Monitor : Boston Attorneys & Lawyers for Environmental Permitting & Development Approvals

Some strange aspects to this one at the Land Court level. I will admit I do not know all the facts, but I am a bit concerned with the idea that if the Planning Board does not issue a waiver the court seems to believe it constitutes an abuse of discretion.

On the flip side, I have always felt ill at ease with wording that purports to limit the discretionary powers of future Boards. In the end, there is much we can learn from this case.


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