135 Wells Avenue, LLC (Wells Avenue) filed its complaint in this action on January 14, 2016 (Complaint). The Complaint is an appeal pursuant to G.L. c. 30A, § 14, of the defendant Housing Appeals Committees Summary Decision, dated December 16, 2015, in 135 Wells Avenue, LLC v. Newton Zoning Board of Appeals, appeal no. 2014-11 (Summary Decision). Wells Avenue filed its Motion for Judgment on the Pleadings on April 1, 2016. The defendants Housing Appeals Committee (Committee), Newton Zoning Board of Appeals (Board), and the City of Newton (City) filed their respective Cross-Motions for Judgment on the Pleadings on May 2, 2016.
The Cross-Motions for Judgment on the Pleadings came on to be heard on June 7, 2016. In a Memorandum and Order of even date, the court (Foster, J.) has denied Wells Avenues Motion for Judgment on the Pleadings and allowed the Committees Cross-Motion for Judgment on the Pleadings and the Boards and Citys Cross-Motion for Judgment on the Pleadings.
In accordance with the courts Memorandum and Order issued today, it is
ORDERED, ADJUDGED and DECLARED that the Summary Decision is AFFIRMED. It is further
ORDERED AND ADJUDGED that the Complaint is DISMISSED with prejudice.
By the Court.
135 WELLS AVENUE, LLC, v. HOUSING APPEALS COMMITTEE; BROOKE K. LIPSITT, VINCENT FARINA, TREFF LAFLECHE, MICHAEL ROSSI AND BARBARA HUGGINS, AS THEY ARE MEMBERS OF THE NEWTON ZONING BOARD OF APPEALS; AND THE CITY OF NEWTON.