Annesse v. Billerica Department of Public Works

The plaintiffs, Richard Annesse, William Cooke and Howard A. Allgaier, are land owners and developers in the town of Billerica (the town). They bring this action for declaratoiy judgment and injunctive relief to challenge a by-law of the town requiring the improvement of a private way as a condition of the issuance of an occupancy permit. Both parties previously filed cross-motions for summary judgment. Both motions were denied. The defendants, the town, its department of public works (DPW), and the director of the DPW, Richard Bento (the director), now move for reconsideration of their…