Holden v. Rosen

Wilkins, Douglas H., J.

In this appeal under G.L.c. 40A, §17, from a decision granting a special permit, the permittees, defendants, Dalton Realty Holdings, LLC, Louis Frate and Dorothy A. Dalton (collectively, “Dalton”), have filed a Motion to Dismiss as Moot (“Motion”). The plaintiff, Marcille Holden and the members of Town of Shrewsbuiy Zoning Board of Appeals (“Board”) all oppose the Motion. After argument and upon consideration of the parties’ written submissions, the Motion is DENIED IN PART AND ALLOWED ONLY TO THE EXTENT THAT THE BOARD’S DECISION IS VACATED AS MOOT AND THE MATTER IS…