HANCOCK VILLAGE I, LLC vs. THE TOWN OF BROOKLINE

JUDGMENT

This action commenced April 13, 2018 with the filing of a complaint by Hancock Village I, LLC, asserting claims for declaratory judgment pursuant to G. L. c. 231A and G. L. c. 240, §14A with respect to the enactment of Articles 5 and 6 of the Warrant for the Brookline Special Town Meeting of November, 2011 and the insertion of Section 5.10 into the Brookline General Bylaws.

This case came on for hearing on the parties' respective Motions for Summary Judgment.

In a decision of even date, the court (Speicher, J.) has determined that judgment shall enter in favor of the plaintiff as follows.

In accordance with the court's decision, it is

ORDERED, ADJUDGED, and DECLARED, on Counts I through IV of the complaint, seeking declaratory relief pursuant to G. L. c. 231A, that the enactment of Articles 5 and 6 at the Special Town Meeting of November, 2011, inserting Section 5.10 into the Brookline General Bylaws, was beyond the home rule powers of the town of Brookline and was in conflict with the requirements of both G. L. c. 40A and G. L. c. 40C, and said enactment and insertion of said section, in its entirety, into the Brookline General Bylaws is hereby declared to be void and of no effect.

It is further

ORDERED, ADJUDGED, and DECLARED, on Count V of the complaint, seeking relief pursuant to G. L. c. 240, §14A, that the enactment of Articles 5 and 6 at the Special Town Meeting of November, 2011, inserting Section 5.10 into the Brookline General Bylaws, was an invalid exercise of the town of Brookline's zoning power, and that the enactment and insertion of said section, in its entirety, into the Brookline General Bylaws is hereby declared to be the invalid adoption of a zoning bylaw and is further declared to be void and of no effect.

It is further

ORDERED and ADJUDGED that the court takes no action on Count VI of the complaint, making certain constitutional claims, and accordingly, Count VI is DISMISSED WITHOUT PREJUDICE.

It is further

ORDERED and ADJUDGED that this Judgment is a full adjudication of all the parties' claims in this case, and all prayers for relief by any party in this action which are not addressed in the preceding paragraphs are DENIED.