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 Plaintiffs 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. 20s 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.).
Deborah J. Patterson
Dated: December 4, 2009
[Note 1] If not specifically defined herein, each term carries the same definition employed in the Order Allowing the Defendant C.B. 20, LLCs Motion to Dismiss.
[Note 2] Plaintiff filed an amended complaint on October 23, 2006.