John Franson, Elizabeth Franson, Thomas Kelly, Linda Kelly, Deran Manoukian, Walter Wickwire, and Margaret Wickwire (Plaintiffs) filed their original complaint in this action on September 24, 2015 and their first amended complaint on November 13, 2015 (Complaint) pursuant to G. L. c. 240, § 14A, challenging the defendant City of Woburns amendment to the Woburn Zoning Map. The City of Woburn issued an Order on August 25, 2015 amending the zoning district for 165 Cambridge Road, Woburn MA 01801 (Property) from Zone R-1 (single- family residential) to Zone R-3 (residential townhouse and garden apartment) (Amendment).
Defendant Melanson Development Group, Inc. (Melanson) seeks to develop 18 townhouses on the newly rezoned Property.
On June 24, 2016, Melanson filed its Motion for Summary Judgment. The Plaintiffs filed their Motion for Summary Judgment and Opposition to Defendants Motion for Summary Judgment on July 29, 2016. The cross motions for summary judgment came to be heard on August 3, 2016. In a Memorandum and Order of even date, the court (Foster, J.) has allowed Melansons Motion for Summary Judgment and denied Plaintiffs' Motion for Summary Judgment.
In accordance with the courts Memorandum and Order issued today, it is
ORDERED AND ADJUDGED that the Complaint is DISMISSED with prejudice.
By the Court.
JOHN FRANSON, ELIZABETH FRANSON, THOMAS KELLY, LINDA KELLY, DERAN MANOUKIAN, WALTER WICKWIRE and MARGARET WICKWIRE, v. CITY OF WOBURN, MELANSON DEVELOPMENT GROUP, INC. and EILEEN C. MARSAN.