Allen Homestead Development, LLC v. Town of Sturbridge Conservation Commission

Ostrach, Stephen, J.

Statement of Facts

Both of the primary parties to this case have moved for summary judgment and judgment on the pleadings. Neither alleges that there are any material facts in dispute. The following, apparently undisputed, factual discussion is taken from the materials in the parties’ filings.

This case involves an application by plaintiff (“Allen Homestead”) to construct a 41-lot residential subdivision in Sturbridge. In September 2000 Allen Homestead filed a notice of intent with defendant Sturbridge Conservation Commission (“Commission”). That application sought…