This action, seeking relief pursuant to G. L. c. 40A, ยง17, in Counts I, II and III, and seeking a declaratory judgment in Count IV, came on to be heard by the court (Speicher, J.) on the defendants' motions for partial summary judgment on Count IV, and the plaintiffs' cross-motion for summary judgment on Count IV. The parties have stipulated to the dismissal of Counts I, II and III, leaving Count IV as the sole remaining count of the complaint. In a decision of even date, the court has made rulings of law and ordered the entry of summary judgment on Count IV. In accordance with the court's decision, it is
ORDERED, ADJUDGED and DECLARED on Count IV of the complaint, that the leasing of a portion of the property located at 21 Rear Patterson Road, Shirley, to SolarCity Corporation or its designee, for the construction and operation of a solar energy generating facility using photovoltaic solar panels installed on ground-mounted racks, is not subject to the requirements of Article 97 of the Amendments to the Massachusetts Constitution, nor did the approval of a site plan for such facility by the Shirley Planning Board, or the denial of the plaintiffs' appeal of the Planning Board approval by the Shirley Zoning Board of Appeals without a vote of two-thirds of each house of the Massachusetts Legislature, violate said Article 97, 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
ELIZABETH A. COLBURN MIRKOVIC, MARIE ELWYN, PETER J. ELWYN, EMILIE A. FAUCHER, CHERYL L. HAYDEN, LEE S. MIRKOVIC, ELIZABETH QUINTY, JAMES QUINTY, JOELLEN M. SHEEHAN, MARY D. SULLIVAN, JAMES THIBAULT, and JANET E. TICE [Note 1] v. LEONARDO GUERCIO, KEVIN P. KELLY, LORA L. PRESCOTT, LAUREL HAYES, and JOSHUA BEDARIAN, as they are Members of the TOWN OF SHIRLEY ZONING BOARD OF APPEALS; and ELIE SCHECTER, SOLAR CITY CORPORATION.