This action was filed by the Town of Framingham (Plaintiff or Town) in the Middlesex Superior Court Department of the Trial Court on October 7, 2008, appealing a decision of the Town of Natick Zoning Board of Appeals (Defendant or ZBA) granting with conditions the application of Chrysler Apartments, LLC (Chrysler) for a comprehensive permit which would permit it to construct four hundred seven (407) units of housing on a parcel of land in that town. The case was transferred to the Permit Session of the Land Court pursuant to an Order entered by the Chief Justice for Administration and Management on January 26, 2009, and was entered in the Permit Session of the Land Court on January 27, 2009.
On February 3, 2009, this Court (Trombly, J.) issued an order of notice and scheduled a case management conference for March 11, 2009. Prior to the conference, on February 9, 2009, Defendants Board of Appeals and Chrysler filed a Joint Motion to Dismiss and accompanying documents and affidavits, contending that the Town of Framingham does not have standing to bring and prosecute this action. By agreement of the parties, the case management conference scheduled for March 11, 2009, was not held, and the joint motion was set down for hearing on April 7, 2009. Plaintiff filed its opposition to the joint motion on March 27, 2009, along with various affidavits and other documents. Defendants replied thereto, and the joint motion was argued and taken under advisement on April 7, 2009.
After careful consideration of all of the evidence, the Court entered a Decision today, ruling that the Town of Framingham does not have standing to appeal the decision of the Natick Zoning Board of Appeals granting the comprehensive permit.
In accordance with that Decision, it is hereby
ADJUDGED and ORDERED that the Defendants Joint Motion to Dismiss is ALLOWED; and it is further
ADJUDGED and ORDERED that the complaint be, and is hereby DISMISSED.
By the Court (Trombly, J.)
[Note 1] If not specifically defined herein, each term carries the same definition employed in the Decision.