In this action, brought pursuant to G. L. c. 41, § 81BB, Plaintiff challenged the Rockport Planning Boards (Board) denial of a definitive subdivision plan submitted by Plaintiff in August 2000. Plaintiff seeks a determination that the Boards denial was arbitrary and capricious and asks this court to annul the Boards decision. The case is before the court pursuant to Plaintiffs Motion for Summary Judgment, which was argued January 27, 2009.
A decision of todays date has issued granting summary judgment in favor of the Board. In accordance with todays decision it is
ADJUDGED and ORDERED that Plaintiffs Complaint hereby is DISMISSED.
By the Court (Scheier, C.J.)