Home RICHARD A. BAKER, JR., v. TOWN OF WEST NEWBURY, WEST NEWBURY PLANNING BOARD, JOHN P. GORMAN, and GORMAN HOMES LLC.

MISC 17-000368

August 28, 2018

Essex, ss.

SPEICHER, J.

JUDGMENT

This action commenced on July 6, 2017, as an appeal in the nature of certiorari, pursuant to G. L. c. 249, ยง 4, from a decision of the defendant West Newbury Planning Board (the "Board"), endorsing as "Approval Under the Subdivision Control Law Not Required," a plan entitled "Approval Not Required Plan," dated March 21, 2017, submitted to the Board April 26, 2017, and endorsed on May 16, 2017, and a subsequent ANR Plan based thereon (collectively, the "ANR Plan"). The matter came before the court (Speicher, J.) on the parties' cross-motions for judgment on the pleadings. In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the court's decision, it is

ORDERED and ADJUDGED on Count I of the Complaint that the decision of the Board, endorsing the ANR Plan, was based on a substantial error of law, and is hereby ANNULLED, and it is further

ORDERED that today's decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense, and it is further

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

By the Court