Haggerty v. Borrego Solar Systems, Inc.

Curran, Dennis J., J.

Mr. and Mrs. John and Claire Haggerty seek to annul the decision of the Grafton Planning Board which granted a special permit to neighbor Christy Pease to construct and operate a four-acre renewable solar collection farm on residential property directly across the street from their home. They have brought a motion for summary judgment because, they claim, the Grafton Planning Board granted the special permit under an inapplicable provision of the town’s zoning by-law.2

For the reasons that follow, the Haggertys’ motion must be DENIED.

BACKGROUND

The following undisputed…