# Funfar v. Town of Falmouth & Another

> Massachusetts Appeals Court · April 27, 2018 · 93 Mass. App. Ct. 1108

URL: https://www.frixlaw.com/law-library/cases/7085275

## Case

- **Full name:** Diane FUNFAR & others v. TOWN OF FALMOUTH & another.
- **Court:** Massachusetts Appeals Court
- **Decided:** April 27, 2018
- **Citations:** 93 Mass. App. Ct. 1108; 103 N.E.3d 772
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7085275

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7085275. Public record. Not legal advice.