This case comes before the Court on the parties cross-motions for summary judgment. The underlying action in the case is an appeal of a decision of the Brockton Zoning Board of Appeals, pursuant to G.L. c. 40A, § 17, interpreting Article III, Section 27-18 to not include artificial turf and declaring, therefore, that the Plaintiff is not in compliance with the Zoning Code. The underlying action also sought a determination of the validity of the same Section as applied to the Plaintiffs property, pursuant to G.L. c. 240, § 14A.
The Complaint in this case was filed on December 10, 2008. On October 26, 2009, Plaintiff filed a motion for summary judgment and supporting materials. On January 25, 2010, the Defendants filed an opposition to the Plaintiffs motion and a cross-motion for summary judgment. The motions were argued and taken under advisement in a hearing before the Court on February 4, 2010.
After careful consideration of all of the evidence, the Court issued a Decision today, ruling that the summary judgment is granted to the Defendants.
In accordance with that Decision, it is hereby:
ADJUDGED and ORDERED that Defendants cross-motion for summary judgment is ALLOWED; and it is further
ADJUDGED and ORDERED that the decision of the Brockton Zoning Board of Appeals is AFFIRMED.
By the Court (Trombly, J.).
[Note 1] If not specifically defined herein, each term carries the same definition employed in the Decision.