EDWARD J. BAGGIA, Trustee of NINETY THIRD REALTY TRUST v. TOWN OF ROCKLAND PLANNING BOARD

This action is the result of the consolidation of two separate actions with the Land Court brought by Edward J. Baggia (“Baggia”) against the Rockland Planning Board (“the Board”). The first was brought February 26, 2007 as a result of the Board’s decision not to endorse an Approval Not Required Plan (“ANR Plan”), submitted by Baggia on January 18, 2007 under the Subdivision Control Act, G.L. c. 41 §§ 81K-81GG. The second action commenced July 31, 2007 as a result of the Board’s decision not to endorse a second ANR Plan, which Baggia submitted on June 27, 2007. Both claims allege that the Board acted arbitrarily and in excess of granted authority to endorse ANR Plans under G.L. c. 41 § 88P when they declined to endorse Baggia’s Plans.

On February 11, 2008, Baggia filed a Motion for Summary Judgment. On March 14, 2008, the Board filed an Opposition to Plaintiff’s Motion for Summary Judgment and a Memorandum of Support for its Cross Motion for Summary Judgment.

After carefully considering all of the evidence, this Court entered a Decision this day ruling that the Board properly declined to endorse Baggia’s first ANR Plan but acted arbitrarily and in excess of granted authority in declining to endorse the second ANR Plan.

In accordance with that Decision, it is hereby

ADJUDGED and ORDERED that plaintiffs Motion for Summary Judgment is GRANTED in PART and DENIED in PART; and it is further

ADJUDGED and ORDERED that defendant’s Cross-Motion for Summary Judgment is DENIED in PART and GRANTED in PART.

ADJUDGED and ORDERED that the Board exceeded its authority in refusing to endorse the second plan, submitted to it by Baggia on June 27, 2007.

By the Court (Trombly, J.).

Attest:

Deborah J. Patterson

Recorder

Dated: October 3, 2008