Asd Three Rivers Ma Solar, LLC v. the Planning Board of the Town of Wilbraham
This text of Asd Three Rivers Ma Solar, LLC v. the Planning Board of the Town of Wilbraham (Asd Three Rivers Ma Solar, LLC v. the Planning Board of the Town of Wilbraham) is published on Counsel Stack Legal Research, covering Massachusetts Land Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ASD THREE RIVERS MA SOLAR, LLC, Plaintiff, v. THE PLANNING BOARD OF THE TOWN OF WILBRAHAM, and JEFFREY A. SMITH, TRACEY PLANTIER, JOHN McCLOSKEY, JAMES E. MOORE, JR., JAMES ROONEY, and GORDON ALLEN, as they are the Members and Associate Members of the Planning Board of the Town of Wilbraham, Defendants
MISC 19-000089
APRIL 5, 2021
HAMPDEN, ss.
RUBIN, J.
JUDGMENT
This action was filed on February 19, 2019 pursuant to G. L. c. 40A, § 17 and G.L. c. 40A, § 3. This matter came on to be heard by the court (Rubin, J.) which resulted in trial, commencing on September 24, 2020 and concluding on September 30, 2020. In a decision of even date with this judgment the court made findings of fact and rulings of law.
The court finds that each of the Planning Board's reasons for denial of ASD Three Rivers' special permit application are wholly unsubstantiated and do not support denial of the special permit. The court further finds that the denial unreasonably regulates the installation of solar energy facilities in contravention of G.L. c. 40A, § 3.
In accordance with the court's decision, it is hereby
ORDERED and ADJUDGED that Decision by the Town of Wilbraham Planning Board denying the special permit application of ASD Three Rivers MA Solar, LLC must be ANNULLED; and
ORDERED that the special permit be issued forthwith by the Town of Wilbraham Planning Board to ASD Three Rivers MA Solar, LLC.
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Asd Three Rivers Ma Solar, LLC v. the Planning Board of the Town of Wilbraham, Counsel Stack Legal Research, https://law.counselstack.com/opinion/asd-three-rivers-ma-solar-llc-v-the-planning-board-of-the-town-of-masslandct-2021.