PINES REALTY TRUST, HAROLD BEATON, TRUSTEE v. ROCKPORT PLANNING BOARD and its members SAMUEL COULBOURN, HILDY FUERBACH, JOHN HEINZMANN, and ERIC HUTCHINS

In this action, brought pursuant to G. L. c. 41, § 81BB, Plaintiff challenged the Rockport Planning Board’s (Board) denial of a definitive subdivision plan submitted by Plaintiff in August 2000. Plaintiff seeks a determination that the Board’s denial was arbitrary and capricious and asks this court to annul the Board’s decision. The case is before the court pursuant to Plaintiff’s Motion for Summary Judgment, which was argued January 27, 2009.

A decision of today’s date has issued granting summary judgment in favor of the Board. In accordance with today’s decision it is

ADJUDGED and ORDERED that Plaintiff’s Complaint hereby is DISMISSED.

By the Court (Scheier, C.J.)