Merrimac Planning Board v. The Zoning Board of Appeals of the Town of Merrimac was commenced on March 12, 2007, seeking to annul a decision of the defendant ruling that the Merrimac Building Inspector acted appropriately in not requiring a special permit or site plan review for demolition and construction on a parcel of real property, known as and numbered 3 Central Street in Merrimac. Misc. Case No. 342752
Casey v. the Zoning Board of Appeals of the Town of Merrimac was commenced on March 12, 2007, seeking to annul the same decision of the defendant. Misc. Case No. 342769
On April 5, 2007, plaintiffs in Casey filed a motion to consolidate the two cases, which the Court (Trombly, J.) allowed.
On June 6, 2008, Defendant L.T., LLC filed a motion for summary judgment. Plaintiffs opposed the motion on July 7, 2008, and filed a cross-motion for summary judgment. On July 7, 2008, defendant filed an opposition to the plaintiffs cross-motion. The motions were argued before the Court on August 7, 2008, and taken under advisement.
After careful consideration of all of the evidence, the Court entered a Decision today, affirming the decision of the Zoning Board of Appeals of the Town of Merrimac.
In accordance with that Decision, it is hereby
ADJUDGED and ORDERED that the defendant, L.T., LLCs motion for summary judgment is ALLOWED;
ADJUDGED and ORDERED that the plaintiffs motion for summary judgment is DENIED; and it is further
ADJUDGED and ORDERED that the Complaints be, and are hereby DISMISSED.
By the Court (Trombly, J.).
[Note 1] If not specifically defined herein, each term carries the same definition employed in the Decision.