Supreme Judicial Court - Mass Cases

Mot-ions for .- Summary . . . . Decisj.on. Any party may
move, with OL wjthout supporting affidaviCs and a
memorandum of law, for a surmary decision in the
moviriy party's favor upor1 all or any of t.he
issues that Lire the subject. of the appeal. 'The
decisi.on souyht shall be made j.f the record
before the Committee, t-nqether wi t.h the
affidavi t.s shows that there j.s no qenuine issue
as to any material Tact and t.hat the moving part-y
js entitled to a decision
matter of law. . . .
in its favor as a
Atti.Lauh failed t.o carry its burden of proving t.hat.
"there is no genuine issue as to any mat-erial fact"
and that it. "is entiLlcd to a decision in its favor as
a matt-er of law." Issues of material LdcL rcroain
unresolved as Lo whether the condiCions imposed by the
Board rendered the project "uneconomic. " See, G.L.
c.40B, ss. 20 and 22. Moreover, the conditions
complaj.ned of by the developer were iniposcd within the
Eoard's lawful aut.horit.y. Accordinyly i C was CL'L'OL for
the HAC to all.ow Uefendarit Altitash Views, LIC's
Motion.
As noted above, 760 CMR 30.07(4) provides in parL
that summary diecisinn shall bc allowcd "if the record
before the Corrcnittee, together with the affidavits
shows thaL there is no genuine issue as to m y
material. facL arid that. the rnovj.rig party i.s entitled to
a decision in its favor as a rnatt-er of law...".
Thc HAC stat.ed in its decision Cliat it was proper
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