Friday afternoon, Judge William Bell delivered his decision on the motions heard on Tuesday.
Per information received here at aShortChronicle, Judge Bell granted the plaintiffs motion for judgment on their 1st and 3rd claims. As importantly, the judge denied the defendants' motion to dismiss and their motion for judgment on the other claims.
The plaintiffs 1st and 3rd claims were the claims where the plaintiffs alleged the town did not follow proper process as outlined in state law and the town planning ordinance including inadequate information on the signage and incorrect process by having the public hearing before the Planning Board decision.
For those who have been concerned for years in how the Town handles planning an zoning decisions, this is vindication that the Town plays loose and fast with the rules and must do better. It remains to be seen how these decisions will impact other in flight projects and if the same problems exist elsewhere, but
aShortChronicle is pursuing more information to see what if anything is still outstanding with this case, and of course the defendants could always appeal. Regardless, this is a huge step in correcting the problems facing the town with this project and projects in the future.
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