Legal Opinion

Lafond v. Renewable Energy Dev. Partners, LLC

Massachusetts Appeals Court

Decided April 11, 2018No. 17–P–990Published

1Opinion of the Court

The plaintiff, Gene Lafond, appeals from a Land Court judgment dismissing his complaint for lack of subject matter jurisdiction. He argues that (1) the judge erred in finding that he failed to exhaust administrative remedies; and (2) the futility exception to exhaustion applies. He also argues that it was error to deny his motion for summary judgment. We affirm.

Background . This case arises from the Plymouth planning board's (board) approval of three zoning permits3 issued to defendant Renewable Energy Development Partners, LLC (REDP), to build a solar development ground-mounted photovoltaic…

2Cases cited10 opinions

  1. Howard H. Gilbert, Jr. v. City of CambridgeCourt of Appeals for the First Circuit · 1991
  2. Lisbon v. Contributory Retirement Appeal BoardMassachusetts Appeals Court · 1996
  3. Wendy's Old Fashioned Hamburgers of New York, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 2009
  4. Ciszewski v. Industrial Accident BoardMassachusetts Supreme Judicial Court · 1975
  5. Iodice v. City of NewtonMassachusetts Supreme Judicial Court · 1986

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