MICV 2012-02278

July 15, 2013

Middlesex, ss.

Foster, J.


Bellis Circle, Inc. (Bellis) filed its complaint in this action on June 20, 2012. By an Order of Assignment dated July 9, 2012, this court (Foster, J.) was assigned, pursuant to G.L. c. 211B, § 9, to sit in the Superior Court for the sole purpose of hearing and determining this action, and on July 30, 2012, this action and Land Court Miscellaneous Case No. 12 MISC 460250 were ordered treated as companion cases. On December 7, 2012, the City filed Defendant’s Motion for Summary Judgment. On January 7, 2013, Bellis filed Plaintiff’s Opposition and Cross Motion for Summary Judgment (Plaintiff’s Cross Motion for Summary Judgment).

Defendant’s Motion for Summary Judgment and Plaintiff’s Cross Motion for Summary Judgment both came on to be heard on February 15, 2013. In a decision of even date, the court (Foster, J.) has allowed Defendant’s Motion for Summary Judgment and denied Plaintiff’s Cross Motion for Summary Judgment.

In accordance with the court’s decision issued today, it is

ORDERED, ADJUDGED and DECLARED that City of Cambridge Ordinance Number 1343, adopted December 5, 2011, was a valid exercise of the police power of the City of Cambridge consistent with G.L. c. 40A, does not constitute illegal reverse spot zoning, and is not a violation of the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution or of plaintiff’s civil rights as protected by 42 U.S.C. § 1983. It is further

ORDERED AND ADJUDGED that plaintiff’s complaint is DISMISSED with prejudice.