CLAUDIA MURROW v. KEVIN EMERY, CITY OF SOMERVILLES ZONING BOARD OF APPEALS, HERBERT FOSTER, JR., ORSOLA SUSAN FONTANO, RICHARD ROSSETTI, DANIELLE EVANS, and ELAINE SEVERINO.

Plaintiff Claudia Murrow (Murrow) filed the complaint in this action on February 3, 2014, naming Kevin Emery (Emery) as defendant. Murrow's complaint is an appeal pursuant to G.L. c. 40A, § 17, of a decision of the defendant City of Somerville Zoning Board of Appeals (ZBA) granting a special permit to Emery (Decision).

Emery filed Defendant Kevin Emery's Motion for Summary Judgment on December 19, 2014. Murrow filed Plaintiff's Brief in Opposition to Defendant Kevin Emery's Motion for Summary Judgment on January 21, 2015. Emery filed Defendant Kevin Emery's Reply to Plaintiff's Brief in Opposition to His Motion for Summary Judgment on February 13, 2015. The Summary Judgment Motion was heard on February 18, 2015. On October 22, 2015, the court (Foster, J.) issued a Memorandum and Order Allowing in Part and Denying in Party Defendant Kevin Emery's Motion for Summary Judgment (Order).

A pre-trial conference was held on February 26, 2016. A view was held on September 21, 2016. The case was tried on September 26-27, 2016. Defendant Kevin Emery's Proposed Findings of Fact and Request for Rulings of Law, Plaintiff's Trial Brief, Plaintiff's Request for Findings of Fact, and Plaintiff's Request for Rulings of Law were filed on December 1, 2016. The court heard closing arguments on December 7, 2016, and took the matter under advisement.

In a decision of even date, the court (Foster, J.) has made findings of fact and rulings of law.

In accordance with the court's Order of October 22, 2015, and its decision 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