GIANNELLI MANAGEMENT AND DEVELOPMENT CORP. v. CITY OF MALDEN.

In this action, Giannelli Management and Development Corp. seeks a declaration as to whether, for purposes of the City of Malden's zoning ordinances, Giannelli's property at 65 Central Street in Malden is two, separate, 5,000 square-foot lots, or just one 10,000 square-foot lot. Giannelli claims the Property is comprised of two lots, the City of Malden claims that the Property is one lot.

The parties filed cross-motions for summary judgment as to all of their claims. The Court held argument on those motions on June 5, 2018. In accordance with this Court's Decision this same date, in light of the undisputed facts and the arguments of counsel, this Court

ORDERS, ADJUDGES and DECREES that:

A. Judgment is hereby entered in FAVOR of defendant City of Malden, and AGAINST plaintiff Giannelli Management and Development Corp.

B. Under the City of Malden's current zoning ordinances, the property known as 65 Central Street, Malden, Massachusetts. as shown on a plan dated February 4, 1971 named "Plan Showing Land Taken For the Laying Out of Central Avenue, Malden, Mass.," recorded with the Middlesex County Southern District Registry of Deeds in Book 11958, Page 26, is one 10,000 square-foot "lot," as the current zoning ordinances use that term.

Upon payment of all required fees, a certified or attested copy of this Judgment may be recorded at the Registry and marginally referenced on all relevant documents.

SO ORDERED.