Asd Three Rivers Ma Solar, LLC v. the Planning Board of the Town of Wilbraham ( 2021 )

ASD THREE RIVERS MA SOLAR, LLC vs. THE PLANNING BOARD OF THE TOWN OF WILBRAHAM, MISC 19-000089

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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