SANROSE REALTY ASSOCIATES, LLP v. KEITH HUTCHINGS, CATHERINE MERKLE, KENT RICHARDS, THOMAS SMITH and SANDRA VARRIEUR, as they are members of the ZONING BOARD OF APPEALS of the CITY OF ATTLEBORO.

Sanrose Realty Associates, LLP (Sanrose) filed its complaint in this action on December 3, 2012. Sanrose’s complaint is an appeal pursuant to G.L. c. 40A, § 17, of the defendant Zoning Board of Appeals of the City of Attleboro’s (ZBA) November 8, 2012 decision denying Sanrose’s application for a special permit on its property on Newport Avenue, Attleboro, Massachusetts (the Decision).

This case was tried on June 28, 2013. Plaintiff’s Post-Trial Memorandum of Law was filed on February 21, 2013. The Plaintiff’s Post-Trial Brief and the Defendants’ Post-Trial Brief were both filed on September 9, 2014. The court heard closing argument on September 18, 2013, and took the matter under advisement. In a decision of even date, the court (Foster, J.) has made findings of fact and rulings of law.

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

ORDERED, ADJUDGED and DECLARED that the City of Attleboro Zoning Board of Appeals’ Decision Action to Deny Special Permit “Sanrose Realty Associates,” Case #5110, of November 8, 2012, is hereby AFFIRMED. It is further

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