Gloriae Dei Artes Foundation, Inc. (Gloriae Dei), filed a complaint on September 18, 2015, naming as defendants the members of the Planning Board of the Town of Brewster (Board). The complaint is an appeal pursuant to G.L. c. 40A, § 17, of the Boards decision of September 3, 2015, denying Gloriae Deis applications for a dimensional special permit and site plan special permit. On January 12, 2016, the parties filed a Joint Motion to Remand. The court issued an Order of Remand on January 13, 2016, remanding the case to the Board. Following a subsequent decision of the Board issued on May 11, 2016 in which the Board again denied Gloriae Deis special permit applications (Decision), Gloriae Dei filed a Motion to Amend and Supplement Complaint and First Amended and Supplemental Complaint on June 3, 2016, appealing the Boards decision pursuant to G.L. c. 40A, § 17.
Plaintiff filed a Motion for Summary Judgment on November 7, 2016. On December 9, 2016, the Board filed Defendants Opposition to Plaintiffs Motion for Summary Judgment and Cross-Motion for Summary Judgment. Plaintiffs Reply Memorandum in Support of its Motion for Summary Judgment and in Opposition to Defendants Cross-Motion for Summary Judgment and Plaintiffs Motion to Amend Complaint to correct the legal name of the plaintiff from Gloriae Dei to Arts Empowering Life, Inc. (AEL) were filed on December 16, 2016. On January 4, 2017, the court allowed Plaintiffs Motion to Amend Complaint, held a hearing on the Cross-
Motions for Summary Judgment, and took the motions under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has allowed AELs Motion for Summary Judgment.
In accordance with the courts Memorandum and Order of even date, it is
ORDERED, ADJUDGED and DECLARED that the Decision is ANNULLED. It is further
ORDERED AND ADJUDGED and DECLARED that this action is REMANDED to the Board, which is ORDERED to issue the special permits sought by AEL consistent with the courts Memorandum and Order of even date.
By the Court.
ARTS EMPOWERING LIFE, INC. formerly known as Gloriae Dei Artes Foundation, Inc. v. RICHARD JUDD; WILLIAM HOAG; SCOTT COLLUM; NICHOLAS deRUYTER; ELIZABETH TAYLOR; and KARI HOFFMANN, as they are Members of the PLANNING BOARD OF THE TOWN OF BREWSTER.