In this mandamus action, filed on May 24, 2010, Ridgeley Management Corporation (Plaintiff) seeks an order requiring the Gosnold Town Clerk (Defendant) to issue a certificate pursuant to G. L. c. 41, § 81V, that a Definitive Subdivision plan submitted by Plaintiff to the Gosnold Planning Board is deemed to be allowed because of the boards purported failure to act thereon in a timely manner as required by statute. The present cases arises out of a prior case between Plaintiff and the Planning Board involving substantially the same facts and parties, Case No. 09 MISC 394288, on which this Court entered Judgment against Ridgeley on February 18, 2011, ruling that the plan was not properly before the Planning Board because the Board had not adopted rules and regulations prior to the filing of the plan.
The present case came on to be heard and argued on March 28, 2011 upon the filing by Defendant Town Clerk of a Motion to Dismiss in which she contends that the matters and issues sought to be raised in the newer case have already been disposed of and decided in the earlier case and that the doctrine of res judicata precludes Plaintiff from raising them again.
An Order Allowing Defendants Motion to Dismiss has entered today in which this Court agrees that the doctrine of res judicata precludes Ridgeley from raising matters in this case which have already been adjudicated. In accordance with that Order, it is
ORDERED and ADJUDGED that this action be, and it is hereby, dismissed with prejudice.
By the Court. (Trombly, J.)