In this action, brought pursuant to G. L. c. 40A, § 17, Plaintiff appeals a decision of the Town of Rutland Planning Board (Board) granting an application for a special permit to Defendants Marcia and Chris Warrington to operate a dance studio on their residential property located at 344 Main Street in Rutland (Defendants Property). Plaintiff initiated this action on May 12, 2005, by filing a complaint alleging that the Boards decision was arbitrary, capricious, and legally untenable. Because the decision did not contain any findings regarding the grant of the Dance Studio Permit, the court (Lombardi, J.) remanded it to the Board for supplementation. The Board supplemented its decision with the requested findings by decision dated May 8, 2007.
A view of Plaintiffs and Defendants properties was taken by the court on April 2, 2009, and a one-day trial followed on April 3, 2009. A decision of todays date has issued in favor of Defendants Warrington and the Board. In accordance with that decision, it is hereby
ADJUDGED and ORDERED that Plaintiff does not have standing to appeal the decision of the Board dated May 8, 2007, by which it granted a special permit to Marcia and Chris Warrington to operate a dance studio at Defendants Property; and it is further
ADJUDGED and ORDERED that Plaintiffs Complaint hereby is DISMISSED.
By the Court (Scheier, C.J.)
Attest:
Deborah J. Patterson
Recorder
Dated: November 20, 2009
BRICE ESTATES, INC. v. TOWN OF RUTLAND PLANNING BOARD, by and through its members MICHAEL SULLIVAN, CHARLES WILLIAMS, THOMAS DUFAULT, NEIL VINER, and NORMAN ANDERSON, and MARCIA WARRINGTON AND CHRIS WARRINGTON