LAW.coLAW.co

Diane FUNFAR & others v. TOWN OF FALMOUTH & another.

Massachusetts Appeals Court2018-04-27No. 17–P–1048
103 N.E.3d 77293 Mass. App. Ct. 1108

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority 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 ZBAs 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.