Cumberland Village Housing Associates v. Inhabitants of the Town of Cumberland

MEMORANDUM OF DECISION DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

GENE CARTER, District Judge.

Plaintiff Cumberland Village Housing Associates (Cumberland Village) is a limited partnership which has applied to appropriate agencies of defendant Inhabitants of the Town of Cumberland (the Town) for approval of a 70-unit apartment complex. The Town’s Planning Board reviewed the subdivision application and, in accordance with Section 7.15 of the Town’s subdivision ordinance, referred to the Town Council the question as to whether the proposed development would “be a burden” on the Town’s séwer…