JAMES V. MOROSE and JANET L. MOROSE v. PAUL G. FITCH, KAREN FITCH, WILLIAM PRENTISS, JOHN FARMER, MARGARET ZILINSKY, JAMES SEARS, CHARLES SMITH, and NATHANIEL J. SPEARS

James V. Morose and Janet L. Morose (the Moroses) filed their Verified Complaint on January 25, 2019. The Verified Complaint seeks rescission of a January 8, 2019, decision of the Town of Danvers Planning Board (Decision) to endorse a plan submitted by the defendants Paul G. Fitch and Karen Fitch (the Fitches) as approval not required under the Subdivision Control Law (the ANR Plan). A copy of the ANR plan is attached. The Moroses filed Plaintiffs' Motion for Judgment on the Pleadings and Plaintiffs' Memorandum in Support of Motion for Judgment on the Pleadings on May 2, 2019. On May 15, 2019, the Fitches filed Defendants' Motion to Dismiss the Certiorari Petition and Defendants' Cross Motion for Judgment on the Pleadings, as well as Defendants' Memorandum of Law on its Motion to Dismiss the Certiorari Petition and Defendants' Cross Motion for Judgment on the Pleadings. On May 20, 2019, the Moroses filed Plaintiffs' Reply to the Defendants' Motion to Dismiss and Sur-Reply to Defendants' Motion for Judgment on the Pleadings.

The Motion for Judgment on the Pleadings came on to be heard on June 17, 2019. On June 24, 2019, the Fitches filed Defendants' Motion to Allow Written Statement in the Judge's Absolute Discretion. The Defendants' Motion to Allow Written Statement in the Judge's Absolute Discretion was allowed on June 26, 2019. In a Memorandum and Order of even date, the court (Foster, J.) has allowed the Motion for Judgment on the Pleadings.

In accordance with the court's Memorandum and Order issued today, it is

ORDERED, ADJUDGED and DECLARED that the Decision is AFFIRMED, and that the Town of Danvers Planning Board may endorse the ANR plan as "approval not required under the Subdivision Control Law." It is further

ORDERED AND ADJUDGED that the Verified Complaint is DISMISSED with prejudice.