In this case, plaintiffs Lawrence E. Ravech and Sonia E. Ravech, as Trustees of the Michael Brian Realty Trust and Ben-Jes Co., Inc.. (collectively, Plaintiffs) seek to invalidate the adult use provisions of certain bylaws of the defendant Town of Hanover (Hanover or Town) under the United States Constitution and the Massachusetts Constitution.
This case came on to be tried to the court (Piper, J.). At the conclusion of trial, and after submission of legal memoranda and argument by counsel, the court, in a decision of even date, has made findings of fact and rulings of law. In accordance with that decision, it is
ORDERED, ADJUDGED and DECLARED that Section 6.230(B) of the 2001 Bylaw and Section 6.1 of the 2002 Bylaw (as those terms are defined in the courts decision) are invalid and unenforceable. It is further
ORDERED and ADJUDGED that Hanover, its agents, servants, officers, employees, attorneys and all other persons in active concert or participating with any of them who receive actual notice of this Judgment, are permanently ENJOINED AND RESTRAINED from enforcing Section 6.230(B) of the 2001 Bylaw and Section 6.1 of the 2002 Bylaw against Plaintiffs. It is further
ORDERED and ADJUDGED that Hanover may continue to enforce all provisions of the zoning bylaw of the Town not invalidated by this Judgment.
By the Court. (Piper, J.)
Dated: January 11, 2010