Home 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 O’Donnell and Robert Moakley, as Trustees of the O’DONNELL FAMILY REALTY TRUST and THORNDIKE DEVELOPMENT CORPORATION

MISC 07-359307

March 10, 2009


Scheier, C.J.


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 today’s date has issued granting its motion. In accordance with today’s 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.)