This action was commenced by plaintiffs Leota Sarrette and Lisa Palmaisano ("Plaintiffs") with the filing of a complaint on May 20, 2019 against the defendants Lowell Five Cents Savings Bank ("the Bank") and George Moriarty, Michael Soraghan, Theodore Vathally, Ronald LaPlume and Lynda Brown, as members of the City of Haverhill Board of Appeals ("the Board"), pursuant to G.L. c. 40A, §17 and G.L. c. 231A §1 et seq. seeking to annul the grant of a building permit for the construction of a water booster station issued by the Building Inspector for the City of Haverhill. On or about July 8, 2019, the Bank filed Lowell Five Cents Savings Bank's Rule 12 (b)(6) Motion To Dismiss ("Motion"), in which the Board joined, and on September 12, 2019, Plaintiffs filed Plaintiffs' Cross Motion For Summary Judgment ("the Cross-Motion"). A hearing on the Motion and the Cross-Motion was held on September 19, 2019, Thereafter, the parties filed supplemental memoranda addressing whether the Plaintiffs have a right of appeal under G.L. c. 41, §81Y and G.L. c. 41, §81BB. The court has determined in a decision of even date that judgment shall issue granting the Bank's Motion and denying the Plaintiffs' Cross-Motion.
In accordance with the court's decision, it is hereby
ORDERED and ADJUDGED that the Complaint is hereby DISMISSED in its entirety
with prejudice pursuant to Mass. R. Civ. P. Rules 12(b)(1) and 12(b)(6).
It is further
ORDERED that this Judgment of Dismissal, issued pursuant to the court's above-referenced decision, disposes 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.
LEOTA SARRETTE and LISA PALMAISANO v. LOWELL FIVE CENTS SAVINGS BANK and GEORGE MORIARTY, MICHAEL SORAGHAN, THEODORE VATHALLY, RONALD LAPLUME and LYNDA BROWN, as members of THE CITY OF HAVERHILL BOARD OF APPEALS