M&R Industrial Park Trust v. Goldrosen

Troy, Paul E., J.

The plaintiff, M&R Industrial Park Trust (“M&R”), appeals to this court pursuant to G.L.c. 40A, §17, asserting that the defendants John Gold-rosen, Susan Jablonski, Wayne Andrews, Richard Blosz and Eric Pretorius, as they are members of the Town of Whitman Board of Appeals (collectively the “Board”), acted arbitrarily, capriciously, and outside the scope of their authority in denying M&R’s request for removal of a condition of approval for a site plan to construct a metal storage building. This matter is before the court on the Board’s motion for summary judgment pursuant to…