Case Study - Wayland Town Center (Litigation) The Members of the Sudbury Board of Selectmen v. The Members of the Wayland Planning Board and Twenty Wayland, LLC
Background
Our client, Twenty Wayland, LLC, a joint venture between Congress Group, Inc. and KGI Properties, LLC, had just secured a Master Special Permit and other permits and approvals from the Town of Wayland Planning Board for the development of a new mixed-use town center in Wayland along Route 20. The Members of the Town of Sudbury Board of Selectmen filed suit under Massachusetts General Law chapter 40A, section 17 in Middlesex County Superior Court challenging the permits and approvals.
Outcome
Brennan, Dain, Le Ray, Wiest, Torpy & Garner, P.C.'s attorneys quickly drafted and served on Sudbury Town Counsel a motion to dismiss on the ground that a board of one municipality does not have standing to appeal the zoning decisions of a board of a different municipality. Upon receipt of our motion, Sudbury Town Counsel contacted us and said he agreed with the arguments in our motion; accordingly, he voluntarily withdrew the Sudbury Board of Selectmen's suit. The entire zoning appeal was resolved in less than one month and at minimum cost.