This action is an appeal of a decision of the Somerville Planning Board, filed with the Somerville City Clerk's Office on February 27, 2018, granting 654 Mystic LLC design and site plan review (Decision). The Complaint in this action was filed on March 15, 2018. The Defendants Anthony Fava, Ryan Hunt, and 654 Mystic Ave LLC's Motion for Summary Judgment, Memorandum of Law in Support of Defendants Anthony Fava, Ryan Hunt, and 654 Mystic Ave LLC's Motion for Summary Judgment, Defendants Anthony Fava, Ryan Hunt, 654 Mystic Ave LLC's Statement of Material Facts as to Which There is No Genuine Issue, and Index of Exhibits to Defendants': Memorandum in Support of Summary Judgment Motion, Statement of Material Facts, and Affidavits of Jai Khalsa were filed on July 31, 2018. The Plaintiffs' Opposition to Defendants' Motion for Summary Judgment, Plaintiffs' Brief in Opposition to Defendants' Motion for Summary Judgment, Plaintiffs' Response to Defendants' Statement of Facts, and Appendix to Plaintiffs' Opposition to Defendants' Motion for Summary Judgment were filed on August 31, 2018. The Defendants Anthony Fava, Ryan Hunt, and 654 Mystic Ave LLC's Reply to Plaintiffs' Opposition to Defendants' Motion for Summary Judgment was filed on September 24, 2018. The Index of Exhibits to Defendants' Reply to Plaintiffs' Opposition to Motion for Summary judgment, Second Affidavit of Jai Khalsa, and Affidavit of Mathew Lowry was filed on September 24, 2018. The court heard the Defendants' Motion for Summary Judgment on October 16, 2018, and took the matter under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has allowed the Defendants Anthony Fava, Ryan Hunt, and 654 Mystic Ave LLC's Motion for Summary Judgment.
In accordance with the court's Memorandum and Order issued today, it is
ORDERED, ADJUDGED, and DECLARED that the Decision is AFFIRMED. It is further
ORDERED and ADJUDGED that the Complaint is DISMISSED with prejudice. It is further
ORDERED and ADJUDGED that a copy of this judgment may be filed with the Middlesex South Registry of Deeds and marginally referenced on all relevant documents.
By the Court
LINDA PINGIARO and JAMES P. DeMICHELE as Trustees of 48-50 ASH AVENUE CONDOMINIUM TRUST and LINDA PINGIARO Individually v. 654 MYSTIC AVE, LLC, ANTHONY FAVA, RYAN HUNT, and Gerard Amaral, Michael A. Capuano, Rebecca Lyn Cooper, Joseph Favoloro, Dorothy A. Kelly Gay, and Kevin Prior, Members of the SOMERVILLE PLANNING BOARD.