Funfar v. Town of Falmouth & Another

Massachusetts Appeals Court

Funfar v. Town of Falmouth & Another

103 N.E.3d 772, 93 Mass. App. Ct. 1108

CourtMassachusetts Appeals Court

DecidedApril 27, 2018

Docket17–P–1048

StatusPublished

Cited by1 cases

This text of 103 N.E.3d 772 (Funfar v. Town of Falmouth & Another) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Funfar v. Town of Falmouth & Another, 103 N.E.3d 772, 93 Mass. App. Ct. 1108 (Mass. Ct. App. 2018).

Pincite

Opinion

The plaintiffs brought this case pursuant to G. L. c. 40A, § 17, challenging a decision of the Falmouth zoning board of appeals (ZBA), and seeking an order temporarily ceasing the operation of a wind turbine known as "Wind 2." Summary judgment entered in the defendants' favor, in part under the doctrine of laches. In a separate case, Falmouth v. Falmouth Zoning Bd. of Appeals, No. 1472CV00003 (Barnstable County), a different judge of the Superior Court affirmed the ZBA's decision that Wind 2 (and its sister turbine, Wind 1) constitute a nuisance, and permanently ordered that the turbines cease operation. That decision was not appealed and has become final. As a result, the relief sought by the plaintiffs in this case has already been obtained. We accordingly vacate the judgment in this case, and order the entry of a new judgment dismissing this case as moot. See Aquacultural Research Corp. v. Austin, 88 Mass. App. Ct. 631, 636 (2015).

So ordered.

Vacated.

Free access — add to your briefcase to read the full text and ask questions with AI

The plaintiffs brought this case pursuant to G. L. c. 40A, § 17, challenging a decision of the Falmouth zoning board of appeals (ZBA), and seeking an order temporarily ceasing the operation of a wind turbine known as "Wind 2." Summary judgment entered in the defendants' favor, in part under the doctrine of laches. In a separate case, Falmouth v. Falmouth Zoning Bd. of Appeals, No. 1472CV00003 (Barnstable County), a different judge of the Superior Court affirmed the ZBA's decision that Wind 2 (and its sister turbine, Wind 1) constitute a nuisance, and permanently ordered that the turbines cease operation. That decision was not appealed and has become final. As a result, the relief sought by the plaintiffs in this case has already been obtained. We accordingly vacate the judgment in this case, and order the entry of a new judgment dismissing this case as moot. See Aquacultural Research Corp. v. Austin, 88 Mass. App. Ct. 631, 636 (2015).

So ordered.

Vacated.

Cite This Page — Counsel Stack

Bluebook (online)

103 N.E.3d 772, 93 Mass. App. Ct. 1108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/funfar-v-town-of-falmouth-another-massappct-2018.

Opinion

Related

Cite This Page — Counsel Stack