This action, which commenced June 14, 2018 with the filing of a complaint by Williams Street Holdings, LLC ("WSH"), asserting an appeal pursuant to G. L. c. 40A, §17 and a claim for declaratory judgment pursuant to G. L. c. 231A, seeking to annul a denial of an application for a special permit by the city of Marlborough City Council, and seeking a declaration estopping the City Council from denying the availability for relief under a certain section of the Marlborough Zoning Ordinance.
This case came on for hearing on WSH's motion for summary judgment and on the defendants' motion for judgment on the pleadings. In a decision of even date, the court (Speicher, J.) has determined that judgment shall enter in favor of the defendants on all counts.
In accordance with the court's decision, it is
ORDERED and ADJUDGED, on Count I of the complaint, seeking to annul the decision of the City Council dated May 7, 2018, and seeking an order remanding this matter to the City Council to consider WSH's application on the merits, that said Count I is hereby DISMISSED.
It is further
ORDERED, ADJUDGED, and DECLARED, on Count II of the complaint, seeking a declaration pursuant to G. L. c. 231A, §1, with respect to the enforceability of Section 650-22.C(14) of the Marlborough Zoning Ordinance, that said Count II is hereby DISMISSED, as plaintiff's sole and exclusive remedy is its appeal under G. L. c. 40A, §17. See Whitinsville Retirement Society, Inc. v. Town of Northbridge, 394 Mass. 757 , 762-763 (1985).
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 granted in the preceding paragraphs are DENIED.
WILLIAMS STREET HOLDINGS, LLC v. PETER J. JUAIRE, MARK A. ORAM, MICHAEL H. OSSING, KATHLEEN D. ROBEY, JOSEPH F. DELANO, JR., DAVID DOUCETTE, J. CHRISTIAN DUMAIS, ROBERT J. TUNNERA, JOHN J. IRISH, EDWARD J. CLANCY, DONALD R. LANDERS, SR. as members of MARLBOROUGH CITY COUNCIL