Home 120 FRONT STREET, LLC, v. MARC LEBLANC, KATHERINE MAHONEY, DOMINGO ALVES, ELIZABETH DUNN and TAD WOLLENHAUPT, as they are Members of the Marion Zoning Board of Appeals.

MISC 18-000191

February 21, 2019

Plymouth, ss.



In April 2018, plaintiff 120 Front Street, LLC appealed a decision of the Marion Zoning Board of Appeals. That decision upheld the Marion building inspector's denial of the LLC's application to raze a two-family residence on 120 Front Street in Marion, Massachusetts and replace it with a new two-family residence. The LLC timely appealed the Board's decision to this Court under G.L. c. 40A, § 17.

The Court held a trial on the LLC's claims on November 19, 2018. In accordance with this Court's Findings of Fact and Rulings of Law this same date, in light of the facts found after trial and the arguments of counsel, this Court ORDERS, ADJUDGES and DECREES that:

A. Judgment is hereby entered in FAVOR of defendants Marc LeBlanc, Katherine Mahoney, Domingo Alves, Elizabeth Dunn and Tad Wollenhaupt, as they are members of the Marion Zoning Board of Appeals, and AGAINST 120 Front Street, LLC.

B. The LLC’s claims are DISMISSED, with prejudice.

C. The March 2018 decision of the Board of Appeals in its Case No. 744 (the "Decision"), denying the LLC's appeal of the Marion building inspector's refusal to issue a building permit to the LLC in response to the LLC's building permit application dated October 27, 2017, was not unreasonable, capricious, or arbitrary; and was not based on legally untenable grounds.

D. The Decision is AFFIRMED.