~John Baldwin suing Town of Duxbury Zoning Board of Appeals - March, 2017
John Baldwin, a Duxbury Developer and Associate Member of the Duxbury Zoning Board of Appeals, filed a complaint against the Town of Duxbury Zoning Board of Appeals in Massachusetts Superior Court on March 22, 2017.
On January 12, 2017, the Zoning Board of Appeals held a public hearing on three Duxbury residents' appeals of building permits issued in November 2016. The primary issue in the appeals was whether the Duxbury Zoning Bylaw permits, as of right, the construction of multiple houses on a single lot. The Zoning Board of Appeals unanimously voted 5-0 to overturn the Building Commissioner's issuance of five building permits for Lot 2 on North Street.
In the complaint filed in Superior Court, John Baldwin is asking for the five building permits to be reinstated and he wants the court to grant relief allowed by law, including an award of Plaintiff's costs, expenses and legal fees.
Taken from Baldwin v. Duxbury ZBA, No. 1783CV307 (Plymouth Super. Ct.):
First Cause of Action
Plaintiff John Baldwin prays that this Honorable Court grant the following relief:
(a) enter Judgement for the Plaintiff against Defendant Duxbury Zoning Board of Appeals and members thereof reversing, voiding and annulling the Board's Decision and reinstating the five building permits voided by the Duxbury Zoning Board of Appeals; and
(b) enter Judgement in Plaintiff's favor against all Defendants for such other legal and equitable relief as this Court deems proper, including an award to Plaintiff of his costs, expenses and reasonable attorney's fees.
Second Cause of Action
Plaintiff John Baldwin prays:
I. That this Honorable Court enter Judgement for the Plaintiff against the Defendant Duxbury Zoning Board of Appeals and the defendant members thereof declaring that:
(a) under the applicable Duxbury Zoning Bylaw Plaintiff is entitled, as a matter of law, to receive six, separate residential dwellings on the Locus:
(b) under the applicable Duxbury Zoning Bylaw, Plaintiff John Baldwin is allowed to construct more than one dwelling on a single lot; and
(c) this court grant such further relief as allowed by law, including an award of Plaintiff's costs, expenses and legal fees.
