This action is brought pursuant to M.G.L. c. 40A, Section 19 and M.G.L. c. 231A.
Plaintiffs are property owners and residents of Dartmouth, Massachusetts who are negatively affected by the issuance of a special permit granted by the Town of Dartmouth, to itself on January 6, 2010. Said special permit relates to the construction and operation of two wind turbines that, if constructed, will be the largest and highest in the Eastern United States.
Defendants have acted under a newly enacted zoning by-law that is ambiguous,conflicted and opposed to principles of Massachusetts state zoning law. Defendants have also failed to follow the procedures set forth in said by-law, including notice requirements required by state and local law for the processing of special permits.
Further, the defendants' application for zoning relief was improperly delegated and/or not properly authorized by the defendant Select Board which effectively transferred its responsibilities to a so-called Alternative Energy Committee. Neither said Committee nor the Town Executive Administrator had legal authority to apply for the special permit at issue in this case.