Plaintiffs commenced this case on May 5, 2009, as an action in the nature of a mandamus, pursuant to G.L. c. 249, § 5, seeking to compel the Defendant, the Town Clerk of the Town of Truro to issue a certificate of constructive approval on a certain definitive subdivision plan of land, titled Subdivision Plan of Land in Truro, Made for the Czyoski Family Trust, Scale 1=5, Slade Associates, Inc. dated June 10, 2005. The Definitive Plan depicts a parcel of real property, known as and numbered 0 Bayview Road in Truro, shown on Truro Assessors Atlas Sheet 39, Parcels 75 and 76, owned of record by Plaintiffs. Defendant answered the Complaint on May 11, 2009.
On June 19, 2009, Plaintiffs filed a Motion for Summary Judgment. Defendant opposed the motion and filed a Cross-Motion for Summary judgment on July 10, 2009. The motions were argued before the court on August 12, 2009, and taken under advisement.
After careful consideration of all of the evidence, the court issued a Decision today, ruling that the Town Clerk of the Town of Truro is obligated to issue a certificate of constructive approval on the Plaintiffs definitive plan of land.
In accordance with that Decision, it is hereby:
ADJUDGED and ORDERED that Defendant, the Town Clerk of the Town of Truro shall issue, forthwith, a certificate of constructive approval, pursuant to G.L. c. 41, § 81V, on the Plaintiffs definitive subdivision plan.
By the court (Trombly, J.).
[Note 1] If not specifically defined herein, each term carries the same definition employed in the Decision.