Plaintiffs initiated this action by filing on November 14, 2007, pursuant to G. L. c. 240, § 14A, challenging the adoption of an amendment to the Town of Kingston Zoning Bylaw pursuant to G. L. c. 40R (40R Amendment). This court (Lombardi, J.) previously dismissed counts I, II, IV, and V, of Plaintiffs First Amended Petition (Amended Complaint), leaving only Count III for disposition.
Through Count III, Plaintiffs seek to invalidate the 40R Amendment because the Town failed to analyze and consider adequately relevant land use planning considerations including traffic impacts, the character of the neighborhood, the prevention of blight and pollution of the environment, and the encouragement of the most appropriate use of land throughout the town.
The Town moved for summary judgment on Count III, and a decision of todays date has issued granting its motion. In accordance with todays decision and with the orders previously issued by the court on March 24, and June 4, 2008, it is
ADJUDGED and ORDERED that Plaintiffs First Amended Petition hereby is DISMISSED.
By the Court (Scheier, C.J.)
JENNIFER DIRICO, HELEN K. GAVIN, and MILDRED M. LEONARDI v. TOWN OF KINGSTON, PAUL L. ARMSTRONG, in his capacity as Building Inspector and Zoning Enforcement Officer of the Town of Kingston, Mary ODonnell and Robert Moakley, as Trustees of the ODONNELL FAMILY REALTY TRUST and THORNDIKE DEVELOPMENT CORPORATION