Home HAYR, LLC v. PAUL NIGOSIAN, HAROLD PROODIAN, KENNETH PERRO, ROBERT SIMMARANO, and DANIEL MEZYNSKI, as they are members of the TOWN OF MILLBURY BOARD OF APPEALS, DOMINIC MURGO, and PJM FAMILY ENTERPRISES LLC.

MISC 15-000103 / MISC 15-000242

August 9, 2017

Worcester, ss.

SPEICHER, J.

JUDGMENT

These consolidated actions commenced on March 30, 2015 and June 30, 2015, respectively, as appeals pursuant to G. L. c. 40A, ยง 17, of a decision and an amended decision of the Town of Millbury Board of Appeals (the "Board"). The case came before the court (Speicher, J.) on a motion for summary judgment on April 18, 2017. In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the court's decision, it is

ORDERED and ADJUDGED that the decision of the Board, as filed with the Millbury Town Clerk on March 11, 2015, and the decision as amended and filed with the Millbury Town Clerk on June 11, 2015, regarding property in Millbury, identified on the Millbury Assessor's Map as Map 5, Parcel 62, and with a street address of 221 Southwest Cutoff, Worcester, are hereby ANNULLED, and it is further

ORDERED that today's decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense, and it is further

ORDERED that no costs, fees, damages or other amounts are awarded to any party.

By the Court