CADDY FARMS, LLC vs. PLANNING BOARD OF THE CITY OF REVERE and the MEMBERS OF THE PLANNING BOARD OF THE CITY OF REVERE

Plaintiff Caddy Farms, LLC, filed its unverified Complaint on December 6, 2006, appealing the denial by Defendant Planning Board of the City of Revere of a definitive subdivision plan to create twenty-nine single-family house lots off Muzzey Street in North Revere, MA. On December 28, 2006, Defendant filed its Answer. Plaintiff filed its Motion for Summary Judgment on January 11, 2008, together with supporting memorandum, [Note 1] Statement of Material Facts, and Affidavit of Attorney Richard J. O’Neil. On April 23, 2008, Defendant filed its Opposition and Cross Motion for Summary Judgment, together with supporting brief and Affidavit of Donald E. Goodwin (Superintendent of the Revere Department of Public Works) (“Goodwin”). [Note 2] This court held a summary judgment hearing on August 20, 2008. A decision of today’s date has been issued.

In accordance with that decision it is:

ORDERED and ADJUDGED that relative to a looping water system and sewer evaluation study, the Revere Planning Board Rules and Regulations (the “Rules and Regulations”) were reasonably definite to provide Plaintiff adequate notice of what standards and procedures might be applied.

ORDERED and ADJUDGED that Defendant’s vote on November 8, 2006, to deny Plaintiff’s definitive subdivision plan was valid and not arbitrary, capricious, or unreasonable, or beyond the scope of authority of Defendant.

ORDERED and ADJUDGED that Plaintiff’s Motion for Summary Judgment is DENIED and Defendant’s Cross-Motion for Summary Judgment is ALLOWED.

By the court. (Sands, J.)

Attest:

Deborah J. Patterson

Recorder

Dated: May 1, 2009