Plaintiff initiated this action on February 26, 2009 by filing a three-count complaint appealing, pursuant to G. L. c. 41, § 81BB, from the Planning Board of the Town of Gosnolds (Planning Board) failure to act on Plaintiffs definitive subdivision plan (Plaintiffs Plan), which sought to divide property owned by Plaintiff. Plaintiff also seeks a declaration, pursuant to G. L. c. 240, § 14A and G. L. c. 231A, that (1) zoning amendments adopted by the Town of Gosnold after the filing of Plaintiffs Plan do not apply to Plaintiffs property and (2) the freeze on the Board of Health regulations imposed by G. L. c. 111, § 127P runs from the date the Board approves Plaintiffs Plan. Finally, Plaintiff seeks a writ of mandamus, pursuant to G. L. c. 249, § 5, requiring the Planning Board (1) to complete the process of formally adopting subdivision rules and regulations as outlined G. L. c. 41, § 81N (Rules and Regulations) and (2) to thereafter approve Plaintiffs Plan, without application of the newly adopted Rules and Regulations.
A decision of todays date has issued in favor of Defendants. In accordance with that decision it is hereby
ADJUDGED and ORDERED that Plaintiffs complaint hereby is DISMISSED.
By the Court (Trombly, J.)
RIDGELEY MANAGEMENT CORPORATION, General Partner of RIDGELEY FARM LIMITED PARTNERSHIP v. PLANNING BOARD OF THE TOWN OF GOSNOLD, BOARD OF HEALTH OF THE TOWN OF GOSNOLD, and THE TOWN OF GOSNOLD