MARK KITNER v. JOHN WHITE, NORMAN NORCROSS, RUSSELL GAULIN, MARK RANSON, and GUY CORBOSIERO, as they are Members of the PLANNING BOARD of the TOWN OF WINCHENDON

This action, which commenced with the filing of a complaint by Mark Kitner (“Plaintiff”), which complaint later has been duly amended, is an appeal under G. L. c. 41 § 81BB, seeking judicial review of a decision (“Decision”) of the Planning Board (“Board”) of the Town of Winchendon, whose members are defendants, in which the Board denied the Plaintiff’s application for approval of a definitive subdivision plan. The Decision was filed with the Clerk of the Town of Winchendon on April 5, 2007.

This case came on for trial before the court. In a decision of even date, the court (Piper, J.) has determined that the Decision of the Board is to be upheld.

In accordance with the court’s decision issued today, it is

ORDERED and ADJUDGED that the Decision by the Board is not arbitrary or capricious; is not contrary to law or based on legally untenable grounds; is not in excess of the Board's authority; and is not otherwise lawfully entitled to be annulled or modified. It is further

ORDERED and ADJUDGED that no damages, fees, costs, or amounts are awarded to any party.

By the Court. (Piper, J).