Neighbor News
Falmouth Green Center Wind Turbine Lawsuit Tossed
Order denying motion to intervene affirmed. By the Court (Rubin, Wolohojian & Blake) Clerk Entered: November 6, 2018.
Falmouth Green Center Wind Turbine Lawsuit Tossed
Massachusetts November 6, 2018
COMMONWEALTH OF MASSACHUSETTS APPEALS COURT 18-P-104
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TOWN OF FALMOUTH vs. ZONING BOARD OF APPEALS OF FALMOUTH & others.
1 MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
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Pleading requirement.
Lastly, the proposed intervener's motion did not comply with Mass. R. Civ. P. 24 (c), which states that "[a] person desiring to intervene shall serve a motion to intervene upon the parties . . . . The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.
" The proposed interveners did not file a "pleading," but argue that their rule 60 (b) motion suffices for the purposes of rule 24 (c).
The rule 60 (b) motion did not constitute a pleading under Mass. R. Civ. P. 7, as amended, 385 Mass. 747 (1974), and therefore did not cure this procedural defect.
For this reason alone, the motion to intervene was properly denied.
See Board of Selectmen of Stockbridge v. Monument Inn, Inc., 8 Mass. App. Ct. 158, 162 (1979) (no error denying intervention when proposed interveners failed to submit pleading).
Order denying motion to intervene affirmed.
By the Court (Rubin, Wolohojian & Blake, JJ.6), Clerk Entered: November 6, 2018.
Legal explanation layman's terms:
What this means is the Friends of Falmouth Wind went to Barnstable Superior Court and asked to intervene in the Judge Moriarty decision to shut down both Falmouth 110 decibel chest pounding wind turbines June 2017. Judge Moriarty the presiding judge refused.
The Friends of Falmouth Wind filed their appeal 5 months too late and have NO standing.
The Friends of Falmouth Wind then went to Massachusetts Superior Court and argued a 2007 Massachusetts legislative bill that had nothing to do with the Judge Moriarty decision.
The end result was the Friends of Falmouth Wind used an out of state attorney to argue the Appeal -aka unfamiliar with Mass General Laws and Appeals Procedures --Very costly lesson for all those that donated money for a poorly put together litigation case.
