INDIANHEAD REALTY, INC. v. TOWN OF PLYMOUTH

In this action under G. L. c. 240, § 14A, Plaintiff Indianhead Realty, Inc., seeks the court's interpretation of certain sections of the Zoning Bylaw of the Town of Plymouth (Bylaw) as they apply to Plaintiff's proposed use of property owned by Indianhead at 1929 State Road in Plymouth (Locus).

Following a July 16, 2016 hearing pursuant to Plaintiff's Motion for Summary Judgment, this court issued an Order Denying Plaintiff's Motion for Summary Judgment and Granting Summary Judgment to the Town of Plymouth. In the Order this court ruled Plaintiff's proposed use of Locus is not allowed under the Bylaw either as-of-right or pursuant to the terms of a special permit issued to Plaintiff's predecessor-in-title in 1968, both theories having been advanced by Plaintiff in its complaint under G. L. c. 240, § 14A.

In accordance with that Order, it is hereby:

ADJUDGED and ORDERED that the case hereby is DISMISSED.

By the Court.