Will the judge stop Stop & Shop?

NORTHBOROUGH

A judge will decide whether the town overstepped its authority by shooting down Stop& Shop’s plans for a downtown supermarket last summer.

Lawyers for both sides presented their arguments more than an hour last week in Boston Land Court before Judge Alexander Sands, said Kevin O'Flaherty of Goulston & Storrs, who is representing the owners of the land at 77 Main Street. Barbara J. Saint Andre of Kopelman & Paige represented the town.

The Planning Board denied Stop & Shop a permit to build the store in July 2006 and that decision was upheld locally by the building inspector’s refusal issue a building permit and the Zoning Board of Appeals refusal to overturn the decision. The town believes it had the right to turn the project down because Stop & Shop failed to provide a complete traffic study.

Sands took the case under advisement and will issue a ruling that O’Flaherty said he does not expect for at least three months.

-- Jennifer Rosinski