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 Sunnas 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 todays date has been issued.
In accordance with that decision it is:
ORDERED and ADJUDGED that the ZBAs Motion to Strike Appearance of Counsel for the Planning Board and Dismiss Complaint is ALLOWED.
By the court. (Sands, J.)
[Note 1] A Corrected Copy of the Opposition was filed on December 18, 2009.