ROMA, III LTD v. ALAN BATTISTELLI, FEDERICK C. FRITHSEN, LARS-ERIK WIBERG, MICHAEL BACE, and TACY D. SAN ANTONIO, as they are MEMBERS of the TOWN OF ROCKPORT BOARD OF APPEALS, and YANKEE CLIPPER, LLC.

Roma III, Ltd. (Roma) filed its complaint on March 18, 2015 (Complaint), naming as defendants the members of the Town of Rockport Board of Appeals (Board) and Yankee Clipper, LLC (Yankee Clipper). The Complaint is an appeal under G.L. c. 40A, § 17, of a decision of the Board, dated February 26, 2015 and filed with the Rockport Town Clerk on March 2, 2015, granting a special permit to Yankee Clipper (Decision). On December 29, 2015, Roma filed Plaintiff's Motion for Summary Judgment.

Plaintiff's Motion for Summary Judgment came on to be heard February 19, 2016. In a Memorandum and Order of even date, the court (Foster, J.) has denied Plaintiff's Motion for Summary Judgment and entered summary judgment for the defendants.

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

ORDERED, ADJUDGED and DECLARED that the Decision is affirmed. It is further

ORDERED AND ADJUDGED that the Complaint is DISMISSED with prejudice.

By the Court.