A Dukes County Superior Court judge this week dismissed a developer’s lawsuit that alleged a conspiracy between Tisbury town officials and neighbors in opposition to his project.

Xerxes Aghassipour, the owner and developer of a nine-bedroom home at 97 Spring street in Vineyard Haven, sued Tisbury planning board member Ben Robinson, planning board administrator Amy Upton and abutters Bernadette and Leigh Paul Cormie in January, claiming they attempted to discredit his reputation and violate his rights by abusing the legal process. 

But much of the developer’s claims lacked any evidence, prompting the dismissal, according to the 12-page ruling from Judge Raffi Yessayan on June 30.

The home, which was approved by the Martha’s Vineyard Commission last week, has been controversial with neighbors and beyond, with many worried that it will be used to house transient workers.

Legal tussling started in November 2024, when the Cormies challenged the town zoning board’s rejection of her appeal over the property. The Cormies, who live next door to the home and have been some of its loudest critics, asserted that the building was in violation of town’s zoning bylaws. The zoning board did not agree, prompting the couple to file a complaint with the state Land Court. 

That case is still being heard by the Land Court. Much of Mr. Aghassipour’s subsquent lawsuit in the Edgartown court hinged on the Land Court case being seen as a delay tactic without merit. 

Mr. Aghassipour, who is also developing other housing projects in Tisbury, argued that the Cormies’ initial suit, with the encouragement of Ms. Upton and Mr. Robinson, is frivolous and abusing the legal process. 

The Cormies contended that the Mr. Aghassipour’s subsequent claim against them should be dismissed because the Land Court has yet to weigh in on the merits of their initial suit, meaning it can’t be seen as an abuse of the legal system. 

That reasoning was agreeable to Judge Yessayan in the Vineyard court. 

“It would be inappropriate for this court to weigh-in on the Cormies petitioning activity in that case without the benefit of a final resolution,” he wrote in his 12-page decision.

For the claims against Ms. Upton, Mr. Aghassipour said that she engaged in egregious misconduct, overstepping her role as administrator in opposition to the project. A record’s request made by Mr. Aghassipour revealed text messages from Ms. Upton to Mr. Robinson that were critical of the project, and, at times, crude. 

But, Judge Yessayan determined the claims were baseless, and dismissed them. 

“Even taking as true the allegation that Upton had ‘apparent disdain’ for Aghassipour from her text message to Robinson, there are no other factual allegations to show that she misused or abused her position,” he wrote. 

The conspiracy claims also lacked evidence and there were no factual allegations to support the claim that Mr. Aghassipour’s due process was violated, according to the ruling. 

Ms. Cormie and Ms. Upton’s lawyer did not immediately return a request for comment Thursday. Mr. Robinson was relieved to have the lawsuit tossed. 

“I’m glad it was dismissed,” he said. 

Mr. Aghassipour is considering his options moving forward as the Cormies’ Land Court case continues to play out. 

“We are reviewing the judge’s decision and weighing our options and next steps,” he said. “The judge’s decision seems predicated on the Land Court case, which is still pending. Once that decision is issued, I can provide further comment and advise our next steps.”