Home SHARL HELLER, CHRISTINE SILVA, PETER SILVA, and FREDERICK COOK v. PETER CONNER et al, as they are MEMBERS of the BOARD OF APPEALS OF THE TOWN OF PLYMOUTH, and KINGSTOWN CORPORATION.

MISC 15-000481

February 26, 2018

Plymouth, ss.

SCHEIER, J.

JUDGMENT

Plaintiffs Sharl Heller, Christine Silva, Peter Silva and Frederick Cook (Plaintiffs) initiated this action on November 10, 2015, challenging the grant of a special permit (2015 Decision) to Defendant Kingstown Corporation (Kingstown) by the Board of Appeals of the Town of Plymouth (Board), whose members are Defendants, for the excavation of approximately 250,000 cubic yards of sand and gravel from a lot in Plymouth.

Following three days of trial, this court issued a decision dated February 26, 2018, this court found Plaintiffs were not "person[s] aggrieved" under G. L. c. 40A, ยง 17, and do not have standing to challenge the Board's 2015 Decision. Accordingly, it hereby is:

ADJUDGED and ORDERED Plaintiffs' appeal of the 2015 Decision is DISMISSED.

By the court.