FREDERICK M. CONDON v. ROGER BECKER, WILLIAM BISHOP, ALLISON CANNON, FRED MASCOLO, and ALAN WILSON, as they are members of the TOWN OF EDGARTOWN PLANNING BOARD; and C.B. 20, LLC

This action was commenced on August 16, 2006, by Plaintiff Frederick M. Condon, as an appeal, pursuant to G.L. c. 40A, § 17, from a decision of the Defendant Town of Edgartown Planning Board to grant a special permit to allow a pool and pool house on a parcel of real property, known as and numbered 20 Cow Bay Road in Edgartown, owned of record by Defendant C.B. 20, LLC (Defendant C.B. 20). [Note 2]

On July 21, 2009, Defendant C.B. 20 filed a Motion to Dismiss or for Summary Judgment. Plaintiff filed an Opposition to the motion on September 15, 2009. Defendant C.B. 20 and the Town of Edgartown Planning Board filed replies to the Plaintiff’s Opposition on October 20, 2009. The motion was argued before the court on October 30, 2009 and taken under advisement.

After careful consideration of all of the evidence, the court issued an Order today, allowing the Defendant C.B. 20’s Motion to Dismiss.

In accordance with that Order, it is hereby:

ADJUDGED and ORDERED that the Complaint be and is hereby DISMISSED.

By the court (Trombly, J.).

Attest:

Deborah J. Patterson

Recorder

Dated: December 4, 2009