Attorney Michael J. Rossi Represents Property Developer in Successful Licensing Appeal
The Worcester Superior Court recently vacated a unanimous decision of the Leominster License Commission to deny a lodging house license to a firm client, a property developer. The Court found that the decision to deny the license was arbitrary and capricious and ordered the Commission to issue a license to our client. The favorable decision was the result of an appeal under Massachusetts General Law chapter 249, § 4, filed by CHAE associate Michael J. Rossi. This statute allows persons aggrieved by the decision of an administrative agency or municipal board to appeal to the Superior Court. In this case, the court found that the Commission improperly allowed factors such as neighborhood opposition to influence the decision-making process, and that the Commission's factual findings were not adequately supported by evidence in the record.
More coverage of the court's ruling can be found here: