JUDGMENT [Note 1]
This action was commenced by plaintiff Donald Staszko, individually and as trustee of Cohasset Realty Trust, on November 16, 2007, seeking to annul the decision of the defendant Town of Cohasset Planning Board granting a special permit to defendant Abbott Homes Cohasset, LLC (Abbott Homes) for the construction of a single family residential cluster development on a certain parcel of real property located at 230 Sohier Street and the northerly side of Sohier Street, Cohasset.
On February 4, 2008, Abbott Homes filed a Motion for Summary Judgment. Plaintiffs responded with an Opposition to Abbott Homes Motion for Summary Judgment on March 11, 2008 supported by the Affidavit of Jerome B. Carr, Ph.D. Abbott Homes then filed a Reply Brief on March 31, 2008 and plaintiffs filed a Supplemental Affidavit of Jerome B. Carr, Ph.D. on April 11, 2008.
Also on March 31, 2008, Abbott Homes filed a Motion to Strike Jerome Carrs Affidavit, ¶ 3 (Last Half), and ¶s 8-12 on the grounds of inadmissibility and relevance, as well as a Motion to Strike Plaintiffs Statement of Undisputed Material Facts on the grounds of non-compliance with Land Court Rule 4.
These motions were argued before there Court (Trombly, J.) on April 11, 2008, and taken under advisement.
After carefully considering all of the evidence, this Court entered a Decision, today, ruling that the plaintiffs lack standing to bring this action.
In accordance with that Decision, it is hereby
ORDERED and ADJUDGED that the Abbott Homes Motion to Strike Jerome Carrs Affidavit, ¶ 3 (Last Half), and ¶s 8-12 is DENIED;
ORDERED and ADJUDGED that the Abbott Homes Motion to Strike Plaintiffs Statement of Undisputed Material Facts is DENIED;
ORDERED and ADJUDGED that the Abbott Homes Motion for Summary Judgment is ALLOWED; and it is further
ORDERED and ADJUDGED that the Complaint be, and is, hereby DISMISSED.
DONALD E. STASZKO, individually and as a trustee of Cohasset Realty Trust and COHASSET REALTY TRUST v. ALFRED S. MOOR, JR., WILLIAM GOOD, ROBERT H. STURDY, STUART IVIMEY and MICHAEL WESTCOTT, as members of the Town of Cohasset Planning Board, TOWN OF COHASSET and ABBOTT HOMES COHASSET, LLC.