JACKSON WOODS INVESTMENTS, LLC, Plaintiff v. THE TOWN OF HOLDEN PLANNING BOARD, and ROBERT RICKER, MICHAEL KRIKONIS, OTTO LIES, JAMES PARKER, NANCY KIELINEN, JOHN MICHALAK and SCOTT CARLSON as they are Members of the Holden Planning Board, Defendants

This action was commenced by plaintiff Jackson Woods Investments, LLC ("the LLC") with the filing of a complaint pursuant to G. L. c. 41, § 81BB, on September 29, 2020, in which the LLC appealed from a decision of the defendant Town of Holden ("the Town") Planning Board's ("the Board") September 11, 2020 decision disapproving an application ("the Application") for amendment to a Definitive Subdivision Plan ("the Plan") previously approved by the Board on August 21, 2018. The Application sought, among other things not relevant to this appeal, to amend Condition No. 5 to the Plan by limiting the required third-party subdivision inspection costs to those required by the Board's regulations, i.e., two and one-half percent of the bond amount as outlined in the Town's Subdivision Control Regulations. The Board filed Defendants' Motion To Dismiss Plaintiff's Complaint ("the Motion") on November 2, 2020, asserting that the LLC's failure to appeal Condition No. 5 when the Plan was approved in 2018 deprived this court of subject matter jurisdiction. Plaintiff's Opposition To Defendants' Motion To Dismiss was filed on November 4, 2020, the Board's reply thereto was filed on November 16, 2020 and a videoconference hearing was held on November 25, 2020. For the reasons stated on the record on November 25, 2020 and in a memorandum of decision and order of even date with this Judgment, the Motion was allowed.

In accordance with the court's decision, it is hereby

ORDERED that the Complaint is dismissed with prejudice pursuant to Mass. R. Civ. P. 12(b)(1) and 12(b)(6).

It is further

ORDERED and ADJUDGED that this Judgment is a full adjudication of the parties' claims in this case, and all prayers for relief by any party to this action that are not granted in the preceding paragraph are denied.

It is further

ORDERED that, upon payment of all required fees, this Judgment or a certified copy of it may be filed in the Worcester County Registry of Deeds and entered on the margin of all relevant documents.

SO ORDERED.