ROCKLAND — Justice Bruce Mallonee issued his decision this week on a request for an injunction on any building permits issued by the Town of Rockport for a new hotel in Rockport Village.

“The court’s temporary restraining order dated Jan. 7 is vacated and Rockport’s request for dismissal without prejudice is denied,” wrote Mallonee, on Jan. 19.  

See attached PDF for the full order. 

He continued: “It is further ordered that the clerk schedule a televideo conference for the court with counsel to discuss further deadlines and, to the extent possible, plan for an expedited trial.”

The order came on the heels of a Jan. 13 hearing with the judge and the parties, which included the nonprofit Friends of Rockport, the Town of Rockport, and Central Street LLC, the business that has obtained site plan approval from the town for the 26-room hotel, and is seeking a building permit from the town.

Rockport citizens comprising the Friends of Rockport, had filed a court complaint requesting an injunction of, and a temporary restraining order against, any building permits issued by the town’s code enforcement office for a proposed Village hotel. Justice Bruce Mallonee responded Jan. 7 with a restraining order placed on the town from issuing such a permit.

Judge Mallonee, in his Jan. 19 order, acknowledged the complexities of the case, given that town voters had approved in August two retroactive ordinance amendments restricting the number of rooms of Village hotels to 20 and the requirement of traffic studies.

“The urgency of Rockport’s pending motion precludes a more elaborate review of the facts or a recounting of the many intertwined legal issues that will eventually be presented to the court for final decision,” he said.

He wrote, however, that the plaintiffs have not show the required element of irreparable harm in the absence of equitable relief.

“Without a permit having been issued and its terms known, and without factual development of the extend to which the proposed structure might impede Plaintiff’s view of the harbor or other relevant property interest, any assessment of harm is of necessity speculative.”

The judge continued that if a building permit is granted, the Friends of Rockport will be entitled to determined whether it still believes it requires injunctive relief.”