Heritage Wharf, LLC (Heritage) filed its complaint in this action on April 23, 2007. Heritages complaint is an appeal pursuant to G.L. c. 41, § 81BB, of the denial by the defendant Town of Dartmouth Planning Board (Board) of Heritages amended definitive subdivision plan.
Heritages Motion for Summary Judgment and the Boards Cross-Motion for Summary Judgment came on to be heard on March 14, 2014. In a Memorandum and Order Denying Plaintiffs 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 courts Memorandum and Order issued today, it is
ORDERED and ADJUDGED that the complaint in this action is hereby DISMISSED WITH PREJUDICE.
By the Court.