MARC J. GARRETT, MALCOLM A. MACGREGOR, LARRY ROSENBLUM, PAUL F. MCALDUFF, and WILLIAM S. WENNERBERG III, as members of the PLYMOUTH PLANNING BOARD vs. PETER CONNER, DAVID PECK, MICHAEL BUSTER MAIN, EDWARD C. CONROY, and RYAN J. MATTHEWS, as members of the PLYMOUTH ZONING BOARD OF APPEALS, and SUNNA, LLC

Plaintiff Plymouth Planning Board (the “Planning Board”) filed their unverified Complaint on October 27, 2009, appealing pursuant to G. L. c. 40A, § 17 a decision of Defendant Plymouth Zoning Board of Appeals (the “ZBA”) which approved a zoning permit application filed by Defendant Sunna, LLC (“Sunna”) to construct a car dealership on Sunna’s property located at 9 Long Pond Road, Plymouth (“Locus”). On November 19, 2009, the ZBA filed a Motion to Strike Appearance of Counsel for the Planning Board and Dismiss Complaint. The Planning Board filed its Opposition to the Motion to Dismiss on December 14, 2009. [Note 1] A hearing was held on the motion on December 22, 2009, and continued to the case management conference which took place on December 30, 2009. At such time the motion was taken under advisement. A decision of today’s date has been issued.

In accordance with that decision it is:

ORDERED and ADJUDGED that the ZBA’s Motion to Strike Appearance of Counsel for the Planning Board and Dismiss Complaint is ALLOWED.

By the court. (Sands, J.)