abutter's appeal from dismissal of their attempted late appeal challenging second of two wind turbines dismissed as moot
How later courts described this case
- abutter's appeal from dismissal of their attempted late appeal challenging second of two wind turbines dismissed as moot
Written by the judges who cited it.
The opinion
The plaintiffs brought this case pursuant to G. L. c. 40A, § 17, challenging a decision of the Falmouth zoning board of appeals (ZBA), and seeking an order temporarily ceasing the operation of a wind turbine known as "Wind 2." Summary judgment entered in the defendants' favor, in part under the doctrine of laches. In a separate case, Falmouth v. Falmouth Zoning Bd. of Appeals , No. 1472CV00003 (Barnstable County), a different judge of the Superior Court affirmed the ZBA's decision that Wind 2 (and its sister turbine, Wind 1) constitute a nuisance, and permanently ordered that the turbines cease operation. That decision was not appealed and has become final. As a result, the relief sought by the plaintiffs in this case has already been obtained. We accordingly vacate the judgment in this case, and order the entry of a new judgment dismissing this case as moot. See Aquacultural Research Corp . v. Austin , 88 Mass. App. Ct. 631 , 636 (2015).
So ordered .
Vacated .