HERITAGE WHARF, LLC v. LORRI-ANN MILLER, JOSEPH E. TOOMEY, ARTHUR C. LARRIVEE, BRIAN SOUSA, and JOHN HARAN, as they are members of the DARTMOUTH ZONING BOARD.

Heritage Wharf, LLC (Heritage) filed its complaint in this action on April 23, 2007. Heritage’s complaint is an appeal pursuant to G.L. c. 41, § 81BB, of the denial by the defendant Town of Dartmouth Planning Board (Board) of Heritage’s amended definitive subdivision plan.

Heritage’s Motion for Summary Judgment and the Board’s Cross-Motion for Summary Judgment came on to be heard on March 14, 2014. In a Memorandum and Order Denying Plaintiff’s Motion for Summary Judgment and Allowing Defendants’ Cross-Motion for Summary Judgment of even date (Memorandum and Order), the court (Foster, J.) has denied the Motion for Summary Judgment and allowed the Cross-Motion for Summary Judgment.

In accordance with the court’s Memorandum and Order issued today, it is

ORDERED and ADJUDGED that the complaint in this action is hereby DISMISSED WITH PREJUDICE.

By the Court.