Spruce Pond Village Ass'n v. LaLiberte

INTRODUCTION

This case arises from the Town of Franklin’s approval of a site plan submitted by defendant Cobblestone Builders, Inc. for the establishment of an ice cream parlor on property located at the intersection of King and Union Streets in Franklin. Plaintiff Spruce Pond Village Association, the owner of abutting property, filed the present action seeking judicial review of the site plan approval pursuant to G.L.c. 40A, §17. This matter is before the Court on Cobblestone Builders, Inc.’s motion to dismiss pursuant to Mass.R.Civ.P. 12(b)(6) or, in the alternative, for summary judgment…