SUNPIN ENERGY SERVICES, LLC, & Another v. ZONING BOARD OF APPEALS OF PETERSHAM (2025)

Citation: SUNPIN ENERGY SERVICES, LLC, & Another v. ZONING BOARD OF APPEALS OF PETERSHAM (2025)
Parent Document: SUNPIN ENERGY SERVICES, LLC, & Another v. ZONING BOARD OF APPEALS OF PETERSHAM (2025)
Jurisdiction: Massachusetts (state)
Effective Date: 2025-07-09
Original Source: https://www.courtlistener.com/opinion/10625896/sunpin-energy-services-llc-ano... ↗

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The board contends that should we conclude, as we have, that its decision was improper, the proper result would be to direct a remand of the matter to the board for further consideration rather than order the board to issue the special permit. It is true that "[i]n the ordinary course, a reviewing judge is reluctant to order a board to implement particular relief, . . . [b]ut an order of particular relief may be appropriate where remand is futile or would postpone an inevitable result." Wendy's, 454 Mass. at 387-388. See McLaughlin v. Zoning Bd. of Appeals of Duxbury, 102 Mass. App. Ct. 802, 814-815 (2023) (order directing issuance of special permit exceedingly rare where board has not considered whether reasonable conditions are appropriate). Here, the town admits there were no issues affecting the public health, safety, or welfare, see G. L. c. 40A, § 3, ninth par., other than the destruction of trees, and has identified no other issues related to the bylaw's special permit criteria. However, two of the members voted to approve the special permit with certain conditions designed to provide a screen for residential abutters. Accordingly, we vacate the judgment and remand "for entry of an order remanding the case to the board to expeditiously issue the special permit after considering whether imposition of reasonable conditions is warranted." McLaughlin, supra at 815. On remand, the board will not have the power to deny the special permit; it may impose only reasonable conditions if warranted. So ordered. footnotes [1] Ralph P. Lapinkas, Jr.

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