Clark Tavern hearing this week

The Land Court is holding a hearing on the cross motions for summary judgment this week on the pending appeal of the ZBA permit issued to the Linnerts to turn the Clark Tavern into a restaurant.

Summary judgment is a mechanism that is applicable only when there is “no material fact in dispute,” such that the judge can decide the case on the legal issues alone, without needing to conduct a trial to determine the factual issues.  A party seeking to defeat summary judgment will attempt to show that there really is a “material fact” in dispute that must be determined via a trial.

Comments are closed.