This action was commenced by plaintiff, Kevin Douglas, as Trustee of D&L Realty Trust on June 21, 2006, appealing a decision of defendant, the Planning Board of the City of Malden, pursuant to G.L. c. 41, § 81BB. The Planning Boards decision denied approval of a definitive subdivision plan, filed by plaintiff on October 31, 2003, concerning a parcel of real property located off Williams Street in Malden.
On December 13, 2006, plaintiff filed a motion for summary judgment. Defendants opposed the motion on February 7, 2007. The motion was argued before the Court on the same day and taken under advisement. The Court (Trombly, J.) issued an Order on November 20, 2007, allowing in part and denying in part, the plaintiffs motion for summary judgment. The Court ruled that with one exception, the grounds on which the Planning Board denied the approval of the plaintiffs subdivision plan were barred by the doctrine of res judicata and otherwise invalid under the Malden Planning Board Subdivision Regulations, as they stood at the time the subdivision plan was filed. The Court further determined that the question of whether the board properly denied the subdivision plan on the ground that the proposed streets and roadways did not comply with the requirements of a Class A street, pursuant to § V.A.1.(a) of the Subdivision Regulations, remained an unresolved question of material fact, requiring a trial and determination by the Judge.
Trial was held on February 22, 2008, on this limited issue. Karen Smith was sworn to take the testimony. Testifying were Paul A. Marchionda for plaintiff and Michelle A. Romero for defendants. Seven exhibits were admitted into evidence and chalks A and B, marked for identification. Both parties filed a post-trial memorandum.
After careful consideration of all of the evidence, the Court entered a Decision today, reversing the decision of the Planning Board.
In accordance with that Decision, it is hereby
ADJUDGED and ORDERED that the issue of whether the Proposed Roadways meet the requirements for a Class A road is precluded by the doctrine of res judicata;
ADJUDGED and ORDERED that defendant, the Planning Board of the City of Malden is barred by the doctrine of judicial estoppel from now arguing that the requirements for a Class A road apply to the Proposed Roadways;
ADJUDGED and ORDERED that the decision of defendant, the Planning Board of the City of Malden is REVERSED; and it is further
ADJUDGED and ORDERED that defendant shall endorse the definitive subdivision plan of plaintiff, Kevin Douglas, as Trustee of D&L Realty Trust, originally submitted on October 31, 2003.
By the Court (Trombly, J.).
[Note 1] If not specifically defined herein, each term carries the same definition employed in the Decision.