A last-ditch effort by Edgartown attorney Benjamin J. Hall to stop the expansion of the Edgartown Stop & Shop was dismissed this week by a Dukes County Superior Court judge.
Mr. Hall, whose family owns property abutting the supermarket, had previously lost a Land Court case he filed in 2019 in which he claimed the expansion would hurt the value of his property at 14 Cyprien Way. The decision denying his claims was upheld by the state Appeals Court in May 2021.
Mr. Hall filed a new lawsuit this July in Superior Court against the Martha’s Vineyard Commission, the Edgartown Building Inspector and Stop & Shop, seeking to halt construction and asking a judge to declare the project’s building permit to be invalid.
But in a 10-page decision issued Monday, Judge Mark C. Gildea granted motions to dismiss from all three defendants. Among other things, the judge ruled that Mr. Hall did not follow administrative appeals available to him before going to court. Moreover, the judge said, since the Land Court had already ruled that he had no standing to sue, Mr. Hall could not re-litigate that issue in a different court.
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