JUDITH A. CZYOSKI and ANDREW CZYOSKI, as Trustee of the A & B Nominee Realty Trust v. WILLIAM WORTHINGTON, KAREN SNOW, ROBERT WEINSTEIN, DEBORAH PAINE, ANSEL CHAPLIN, and WILLIAM GOLDEN, as members of the Town of Truro Planning Board

Plaintiffs, Judith A. Czyoski, individually and Andrew Czyoski, as trustee of the A & B Realty Trust, commenced this action on July 9, 2007, as an appeal, pursuant to G.L. c. 41, § 81BB, from a decision of the defendant, the Planning Board of the Town of Truro. The Planning Board’s decision rescinded its previous constructive approval of a definitive subdivision plan concerning a parcel of real property known as 4-J Bay View Road in Truro, owned of record by Judith A. Czyoski, and a parcel of real property known as 4-I Bay View Road in Truro, owned of record by Andrew Czyoski, as trustee of the A & B Nominee Realty Trust.

On March 31, 2008, Nickerson Realty Corp. filed a motion to intervene. Defendant opposed the motion on April 4, 2008. The motion was argued before the Court on May 6, 2008, and taken under advisement. The Court (Trombly, J.) issued an Order on May 9, 2008, allowing the motion to intervene.

On March 24, 2008, defendant filed a motion for summary judgment. Plaintiffs opposed the motion on June 16, 2008, and filed a cross-motion for summary judgment. On July 17, 2008, defendant filed an opposition to the plaintiffs’ motion. On August 25, 2008, intervener plaintiff, Nickerson Realty Corp. filed a motion for summary judgment. Defendant opposed the intervener plaintiff’s motion on September 12, 2008. The motions were argued before the Court on September 25, 2008, and taken under advisement.

After careful consideration of all of the evidence, the Court entered a Decision today, ruling that the Planning Board of the Town of Truro exceeded its authority in its decision to rescind the approval of the plaintiff’s definitive subdivision plan.

In accordance with that Decision, it is hereby

ADJUDGED and ORDERED that the defendant’s motion for summary judgment is DENIED;

ADJUDGED and ORDERED that the plaintiff’s cross-motion for summary judgment is ALLOWED;

ADJUDGED and ORDERED that decision of the Planning Board of the Town of Truro to rescind the approval of the plaintiff’s definitive subdivision plan is REVERSED;

ADJUDGED and ORDERED that the intervener plaintiff’s motion for summary judgment is ALLOWED IN PART; however, the Court does not determine the validity or effect of the covenants concerning Sawyer Grove Road.

By the Court (Trombly, J.).