Gardner & Rosenberg Wins Dismissal of Citizen Suit

Oct 5, 2023 | Real Estate and Land Use Litigation, Recent Wins

A group of south shore residents brought an action to enjoin our client’s operation of its generations-old cranberry farm. We argued that it is well-established that the citizens lack standing to enforce earth removal regulations and other laws enforced by state and local officials, that the cranberry growing agricultural activities enjoy the broad protections under state and local law to promote local farming, and that the complaint nonetheless failed to identify any activities that were actually in violation of law or otherwise detrimental. The Court denied the preliminary injunction, noting the neighbors’ likely lack of standing. Gardner & Rosenberg then moved to dismiss the complaint in its entirety and the court recently granted that motion.
See Gillespie et al. v. Morse Brothers, Inc., Civ. No. 23-00362 (Plymouth Sup. Ct.).