CROSWELL vs. GOSNOLD PLANNING BOARD, 19 LCR 245a

COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
LAND COURT DEPARTMENT

WILLIAM V. CROSWELL, RICHARD M. CROSSWELL, CATHERINE McKAY, MARK B. STOREK, and KAREN D. STOREK v. TOWN OF GOSNOLD PLANNING BOARD, TOWN OF GOSNOLD BOARD OF HEALTH, and the TOWN OF GOSNOLD

19 LCR 245a

MISC 09-395547
DUKES, ss.
May 2, 2011

Long, J.

JUDGMENT

With:

MISC 09-395548 : MURIEL W. PONZECCHI, THOMAS B. WORTH, and OLIVER F. AMES, JR., as trustees of the PONZECCHI MASSACHUSETTS REAL PROPERTY TRUST v. TOWN OF GOSNOLD PLANNING BOARD, TOWN OF GOSNOLD BOARD OF HEALTH, and the TOWN OF GOSNOLD
MISC 09-395549 : MURIEL W. PONZECCHI, THOMAS B. WORTH, and OLIVER F. AMES, JR., as trustees of the PONZECCHI MASSACHUSETTS REAL PROPERTY TRUST v. TOWN OF GOSNOLD PLANNING BOARD, TOWN OF GOSNOLD BOARD OF HEALTH, and the TOWN OF GOSNOLD
MISC 09-395550 : MURIEL W. PONZECCHI, THOMAS B. WORTH, and OLIVER F. AMES, JR., as trustees of the PONZECCHI MASSACHUSETTS REAL PROPERTY TRUST, BANK OF AMERICA, N.A., as trustee for the ELLEN AYER WOOD TRUST, ST. GEORGE GUARDABASSI, as the personal representative of the ESTATE OF FREDERICK W. GUARDABASSI v. TOWN OF GOSNOLD PLANNING BOARD, TOWN OF GOSNOLD BOARD OF HEALTH, and the TOWN OF GOSNOLD

For the reasons set forth in the court’s Memorandum and Order of this date, the defendants’ motion for judgment on the pleadings is ALLOWED. It is ORDERED, ADJUDGED and DECREED that the subdivision law did not become effective in the Town of Gosnold until after the filing of plaintiffs’ plans and, as a result, the board had no authority to act on the plaintiffs’ plans at the time they were submitted. The board has adopted and filed subdivision rules and regulations since the time this action was filed, mooting plaintiffs’ mandamus claims. Accordingly, plaintiffs’ complaint, and all claims therein, are hereby DISMISSED, WITH PREJUDICE.

SO ORDERED.

By the court (Long, J.)