FOX GATE LLC v. THE TOWN OF MILLBURY, THE TOWN OF MILLBURY PLANNING BOARD, THE TOWN OF MILLBURY ZONING BOARD OF APEALLS

This case came to be heard on the Motion of the Plaintiff and Cross Motion of the Defendants for Summary Judgment pursuant to Mass. R. Civ. P. 56 (b). An Order allowing the Defendants’ Motion and denying the Plaintiff’s Motion has been entered this day. In accordance therewith, it is hereby

ORDERED and ADJUDGED that an action in the nature of mandamus will not lie against the

ORDERED and ADJUDGED that the complaint be, and hereby is, dismissed.

By the Court. (Grossman, J.)