In these consolidated cases, plaintiffs Indian Brook Cranberry Bogs, Inc. (Indian Brook) and Wanda Jane Warmack (Warmack) (collectively, Plaintiffs) seek to overturn a decision of the Board of Appeals for the Town of Plymouth (Board), whose members are defendants, to grant a comprehensive permit pursuant to G. L. c. 40B to Sawmill Development Corp. (Sawmill). The Board filed its decision with the Town Clerk on April 10, 2006 and the Plaintiffs timely appealed pursuant to G. L. c. 40A, § 17 and G. L. c. 40B, § 21, by filing a complaint in this court on April 24, 2006. A decision dated June 25, 2008 and filed with the town clerk on June 27, 2008, in which the Board modified the Comprehensive Permit was appealed on July 14, 2008, when the Plaintiffs filed a second complaint in this court. The two appeals were consolidated on July 28, 2008.
This case came on to be tried to the court (Piper, J.) which, in a decision of even date, has made findings of fact and rulings of law. In accordance with that decision, it is
ORDERED and ADJUDGED that the Decision of the Board is not beyond the scope of authority of the defendant members of the Board; is not arbitrary, capricious, unreasonable or contrary to law; and is not legally entitled to be annulled.
By the Court (Piper, J.)
INDIAN BROOK CRANBERRY BOGS, INC., and WANDA JANE WARMACK v. BOARD OF APPEALS of the TOWN of PLYMOUTH; PETER CONNER, WILLIAM SIMS, PATRICK MULVEY-WELSH, A. WENDY LONG, and ROBERT RICHARD, as They Are Members of the Town of Plymouth Board of Appeals; and SAWMILL DEVELOPMENT CORP.