NELI RIDGE, LLC and SIXTH REALTY TRUST v. SHARON GEORGE, as Town Clerk for the Town of Wilmington, and THE TOWN OF WILMINGTON.

Plaintiffs Neli Ridge, LLC and Sixth Realty Trust, the agent and trustee of which is Mark Nelson (Nelson), filed their Complaint in this action on December 9, 2016, naming as Defendants Sharon George, as Town Clerk for the Town of Wilmington, and the Town of Wilmington. The Complaint has two counts: relief in the nature of mandamus, pursuant to G.L. c. 249, § 5, and an action for declaratory judgment, pursuant to G.L. c. 231A. The Defendants filed their Answer on January 9, 2017.

On February 17, 2017, the Plaintiffs filed their Motion for Summary Judgment. On March 27, 2017, the Defendants filed their Opposition to Plaintiffs' Motion for Summary Judgment and Defendants' Motion for Summary Judgment. The cross-motions for summary judgment came to be heard on April 6, 2017, and were taken under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has denied the Plaintiffs' Motion for Summary Judgment and allowed the Defendants' Motion for Summary Judgment.

In accordance with the court's Memorandum and Order of even date, it is

ORDERED AND ADJUDGED that the Complaint is DISMISSED with prejudice.

By the Court.