Donald E. Willis, Jr., and Priscilla Ann Willis (the Willises) filed their complaint (Complaint) in this action on January 22, 2019. The complaint is an appeal under G.L. c. 40A, ยง17, of the Town of Great Barrington's Site Plan Review Decision issued and filed with the Great Barrington Town Clerk on October 25, 2018 (Decision). On October 3, 3019, defendant 26 Manville, LLC filed 26 Manville, LLC's Motion for Summary Judgment (Motion for Summary Judgment). On November 5, 2019, the Willises filed the Cross Motion of Plaintiffs Donald E. Willis, Jr. and Priscilla Ann Willis for Summary Judgment and Opposition to 26 Manville's Motion for Summary Judgment (Cross Motion for Summary Judgment). The Motion for Summary Judgment and the Cross Motion for Summary Judgment came on to be heard on November 14, 2019, and were taken under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has allowed the Motion for Summary Judgment and denied the Cross 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.
DONALD E. WILLIS, JR., and PRISCILLA ANN WILLIS vs. BRANDEE NELSON, MALCOLM FICK, JONATHAN HANKIN, JEREMY HIGA, PEDRO RAPHAEL PACHANO, and GARFIELD REED, as they are Members of the Planning Board of the Town of Great Barrington, and 26 MANVILLE, LLC