This action, in the nature of certiorari, is the plaintiffs, Cohasset Realty Trust and Donald E. Staszko, appeal of the defendant Board of Healths (the Board) decision granting the defendant Abbott Homes Cohasset, LLC (Abbott) four disposal system construction permits for Abbotts proposed residential cluster development located at 230 Sohier Street in Cohasset. After reviewing Abbotts initial and supplemental submissions (including revisions to the plans) and after three public hearings over a two-and-a-half month period, the Board granted the four permits. The plaintiffs contend that this decision was in violation of law, arbitrary, capricious, . . . not based on substantial facts, and . . . plainly wrong. Complaint at ¶ 10 (filed Sept. 21, 2007). The defendants claim that the decision was supported by substantial evidence and that there was no substantial error in law in granting the permits. Abbott also contended in its answer that the plaintiffs lacked standing.
For the reasons set forth in the courts Decision of this date, I find and rule that the plaintiffs do not have standing and, therefore, certiorari review of the Boards decision is not available. The plaintiffs motion is thus DENIED and all of their claims are dismissed, with prejudice.
SO ORDERED.
By the court (Long, J.)
COHASSET REALTY TRUST and DONALD E. STASZKO, individually and as trustee v. STEPHEN N. BOBO, ROBIN M. LAWRENCE, and MARGARET S. CHAPMAN, as they are MEMBERS OF TOWN OF COHASSET BOARD OF HEALTH; TOWN OF COHASSET; and ABBOTT HOMES COHASSET LLC