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Case Information
Filed
2025-09-16
Status
Open
Type
E Filed Zad Appeal From Planning Board, G.l. Chapter 41, 81 Bb
Docket
19 entries
Parties
Plaintiff
Griffith, Paul|Griffith, Caroline W
Defendant
Franklin Planning Board|Brendon Properties Burton Woods, Llc
Docket Entries
- Scheduled Judge: Smith, Hon. Kevin T. Event: Summary Judgment Hearing Date: 02/11/2026 Time: 11:00 AM To be held: in-person at the courthouse
- Land Court miscellaneous filing fee Receipt: 463734 Date: 09/16/2025
- Land Court surcharge Receipt: 463734 Date: 09/16/2025
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Affidavit of Service, filed.
- Letter from Mark G. Cerel, Franklin Town Attorney, filed.
- Appearance of Mark Gordon Cerel, Esq. for Franklin Planning Board, filed
- Answer of Defendant Franklin Planning Board, filed.
- The case has been assigned to the F Track. Notice sent. Judge: Smith, Hon. Kevin T. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Daniel C Hill, Esq. [email protected] Plaintiff: Kaitlyn C Baptista, Esq. [email protected] Defendant: Mark Gordon Cerel, Esq. [email protected] Sent On: 10/15/2025 12:24:52
- Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 11/05/2025 Time: 09:30 AM To be held: via video conference
- Appearance of Jerry C Effren, Esq., Neal James Bingham, Esq. for Brendon Properties Burton Woods, LLC, filed
- Answer to Complaint (of Brendon Properties Burton Woods, LLC), filed.
- Event Resulted: Case Management Conference scheduled on: 11/05/2025 09:30 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Kevin T. Smith, Presiding
- Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 11/04/2025 Time: 10:00 AM To be held: via video conference
- Joint Statement for Case Management Conference, filed.
- Event Resulted: Case Management Conference scheduled on: 11/04/2025 10:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding November 4, 2025. Case Management Conference held via video conference. Early intervention event held. Attorneys Daniel Hill and Kaitlyn Baptista appeared on behalf of the Plaintiffs, Paul and Caroline Griffith. Attorneys Jerry Effren and Neal Bingham appeared on behalf of private Defendant Brendon Properties Burton Woods, LLC. Attorney Mark Cerel appeared on behalf of Defendant Franklin Planning Board. This is an appeal under c. 41, 81BB of the Franklin Planning Board's approval of an application by Defendant Brendon Properties Burton Woods, LLC to modify the Cranberry Meadows definitive subdivision plan to extend Sunken Meadow Road from its existing temporary turnaround to the Bellingham town line to be used as access to an approved project in Bellingham. Before the court is the parties' Joint Case Management Statement. The Plaintiffs assert that this appeal is primarily about the public hearing process conducted by the Planning Board which they contend was inadequate. As a result, the waivers of the Franklin Subdivision Rules and Regulations granted by the Planning Board are invalid. It is the Planning Board's position that it treated the private Defendant's application as a minor modification to the subdivision plan and conducted a legally compliant public hearing in considering the request. The private Defendant contends that its plan to extend Sunken Meadow Road was fully vetted by the appropriate town departments or boards and that the decision of the Planning Board is supported by both facts and law. Because of the previous litigation (Land Court docket number: 20 MISC 000036) involving the private Defendant's project, the parties agreed that no discovery is necessary at this time. Rather, the parties proposed filing dispositive motions by December 4, 2025. The court adopted the proposed briefing schedule and ORDERED that the parties must file their respective oppositions by January 9, 2026. The court scheduled oral argument on the motions for summary judgment on February 11, 2026 at 11:00 a.m. in person at the Land Court. The court requested that counsel for the Plaintiffs refile a copy of the Planning Board's decision on appeal as the copy attached to their complaint is incomplete. (Smith, J.).
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Smith, Hon. Kevin T.
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Daniel C Hill, Esq. [email protected] Plaintiff: Kaitlyn C Baptista, Esq. [email protected] Defendant: Mark Gordon Cerel, Esq. [email protected] Defendant: Jerry C Effren, Esq. [email protected] Defendant: Neal James Bingham, Esq. [email protected] Sent On: 11/05/2025 13:48:04
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