Varsity Wireless, LLC v. Boxford Zoning Bd. of Appeals

1 Citing case

  1. Indus. Tower & Wireless, LLC v. Esposito

    C. A. No. 17-057-JJM-PAS (D.R.I. Jan. 22, 2018)   Cited 2 times
    Ordering passage of the special use permit where "[t]he discussion in the meeting minutes among Board members, raising the pluses and minuses of the application does not enable the Court to evaluate the evidence in support of the Board's denial [t]he Court cannot speculate about what specific evidence convinced the Board members to deny the application."

    Thus, a district court's role in considering summary judgment in a case such as this one is not to resolve contested fact questions which may exist in the underlying administrative record, but rather to determine the legal question of whether the Board's decision was supported by substantial evidence.Varsity Wireless, LLC v. Boxford Zoning Bd. of Appeals, C.A. No. CV15-11833-MLW, 2017 WL 4220575, at *10 (D. Mass. Sept. 22, 2017) (citations omitted). Ultimately, a written decision must contain a "sufficient explanation of the reason for the denial 'to allow a reviewing court to evaluate the evidence supporting those reasons.'"