Fletcher Tilton litigation team achieves victory at trial in Massachusetts Land Court for major regional developer

(Massachusetts Land Court, Boston, Massachusetts) (November 9, 2022)

Fletcher Tilton attorneys, Adam C. Ponte, Mark L. Donahue and Nisha Koshy successfully completed a bench trial in the Massachusetts Land Court, representing a major regional developer in its appeal of a local planning board’s denial of site plan approval and special permit, pursuant to Massachusetts General Laws, Chapter 40A. The developer client proposed to build a 150,000 square foot distribution center and warehouse facility, and the planning board denied the project, asserting that the project does not meet certain zoning criteria and requirements for construction in a groundwater protection district.  At trial, the Court found that the planning board’s denial of site plan approval and special permit was legally untenable, arbitrary, unreasonable, and otherwise beyond the proper exercise of the board’s authority.  Final judgment issued in favor of the developer client, annulling the planning board’s denial, and requiring that the application be remanded to the board for further proceedings in conformance with the Court’s decision after trial.  Fletcher Tilton congratulates our client and the firm’s litigation department for this outstanding result.

• Case citation: The Gutierrez Company v. Town of Northborough Planning Board, Massachusetts Land Court, No. 21 MISC 00046 (KTS)