Rattner v. Planning Board

Steven Rattner appeals from a determination by a Superior Court judge allowing a motion for summary judgment filed by Margaret Smith-Burke and Cary S. Hart (defendants) and dismissing Rattner’s complaint for lack of standing to appeal the approval of defendants’ subdivision. We reverse.

The defendants own an eighty-one-acre parcel of land in West Tisbury, adjacent to Vineyard Sound. Rattner owns a thirty-one-acre parcel abutting the defendants’ parcel to the west.2 The *9defendants’ subdivision plan, approved by the planning board (board) in 1995, provides for four lots. Lots 1-3 would each have…