ROMA, III, LTD. v. CHARLES W. CHRISTOPHER, FREDERICK C. FRITHSEN, LARS-ERIK WIBERG, MICHAEL BACE, and TACY D. SAN ANTONIO, as they are MEMBERS of the TOWN OF ROCKPORT BOARD OF APPEALS.
FOSTER, J.
Plaintiff Roma, III, Ltd. (Roma) filed its complaint in this action on April 23, 2015. Romas complaint is an appeal pursuant to G.L. c. 40A, § 17 and G.L. c. 240, § 14A, of the defendant Town of Rockport Board of Appeals February 25, 2015 decision (Decision) upholding the Town of Rockport Building Inspectors cease and desist order (Order) enjoining Ron Roma from landing his personal helicopter on Romas property at 129 and 133R Granite Street in Rockport (Property). On August 16, 2016, Roma filed its Motion for Summary Judgment. On September 15, 2016, the Board filed its Opposition to Romas Motion for Summary Judgment and its Cross-Motion for Summary Judgment. On September 26, 2016, Roma filed its Reply in Support of its Motion for Summary Judgment
The Cross-Motions for Summary Judgment came on to be heard on September 30, 2016. In a Memorandum and Order of even date, the court (Foster, J.) has allowed Romas Motion for Summary Judgment and denied the Boards Motion for Summary Judgment.
In accordance with the courts Memorandum and Order issued today, it is
ORDERED, ADJUDGED and DECLARED that the Decision is hereby ANNULLED. It is further
ORDERED, ADJUDGED and DECLARED that the Order is hereby ANNULLED.
By the Court.