Home GOLDEN ACRES DEVELOPMENT CORP. and THEODORE F. PEREZ v. BOARD of WATER COMMISSIONERS of the CITY of WESTFIELD, Lynn Boscher (Chairperson), Carol Berti, Kevin Bowler, Phillip McEwan, Anthony Petrucelli and Randall Racine as the PLANNING BOARD of the CITY OF WESTFIELD, and THE CITY OF WESTFIELD

MISC 03-287055

June 14, 2010


Trombly, J.


This action was commenced by the Golden Acres Development Corporation and Thomas Perez (“Plaintiffs”) on January 28, 2003, appealing pursuant to G.L. c. 41 § 81BB the City of Westfield Planning Board Decision disapproving their definitive plan for subdivision known as “Fairway Club Estates” (Count I), and seeking declaratory judgment (Count II). Count II was dismissed by this Court on October 31, 2003 for lack of jurisdiction, leaving Count I as the remaining matter before the Court.

The City of Westfield, Defendant, filed a Motion for Summary Judgment on December 17, 2009. The Plaintiffs filed a Motion for a Remand on December 23, 2009. In this Motion to Remand, the Plaintiffs sought to have this Court remand the definitive subdivision plan, revised in light of the change in circumstances since filing of this action, to be considered by the Planning Board of the City of Westfield under the ordinances, rules and regulations which were in effect at the time this action was commenced. The motions were argued before the court on March 16, 2010, and taken under advisement by the Court.

After careful consideration of all of the evidence, the Court entered a Decision today, ruling that City of Westfield Planning Board’s disapproval of Plaintiffs’ definitive plan for subdivision was proper.

In accordance with that Decision, it is hereby

ADJUDGED and ORDERED that the plaintiffs’ Motion for Remand is DENIED;

ADJUDGED and ORDERED that the defendant’s Motion for Summary Judgment is ALLOWED;

By the Court (Trombly, J.)


[Note 1] If not specifically defined herein, each term carries the same definition employed in the Decision.