Panagakos v. Fleurent

Plaintiff, Michael Panagakos (“Panagakos”), commenced this action seeking judicial review, pursuant to G.L.c. 40A, §17, of a decision of defendant, Fairhaven Planning Board (the “Board”), denying him a special permit to build a restaurant that required ten or more parking spaces. Both plaintiff and defendants move for summary judgment. For the following reasons, plaintiffs motion for summary judgment is DENIED and defendants’ motion for summary judgment is ALLOWED.

BACKGROUND

Panagakos owns a vacant lot on Alden Road in Fairhaven, Massachusetts. The lot is located in a business zone. Panagakos…