Plaintiffs filed their Verified Complaint on May 30, 2019. On June 6, 2019, the defendant City of Haverhill filed its Notice of Removal and removed this action to the United States District Court for the District of Massachusetts (District Court). On June 17, 2019, the plaintiffs filed their First Amended Verified Complaint (Complaint) in the District Court, amending the Verified Complaint to strike any claim that the subject zoning ordinance is preempted by federal law. That day, the District Court issued its Order for Remand, remanding this action to the Land Court. The defendants Haverhill Stem, LLC, Pineau Projects, LLC, and The Westland Group, LLC filed their Answer on June 21, 2019. Defendant City of Haverhill filed its Answer on July 10, 2019. The case management conference was held on July 15, 2019.
The Plaintiffs' Motion for Entry of Summary Judgment Under Mass. R. Civ. P. 56 as to the Defendant City of Haverhill (Summary Judgment Motion) was filed on September 10, 2019. The City of Haverhill's Opposition and Cross Motion for Summary Judgment (Summary Judgment Cross Motion) was filed on October 11, 2019. The court heard the cross-motions for summary judgment on October 29, 2019. At the hearing, the private defendants stated that they take the City's position on these cross-motions. The Summary Judgment Motion and the Summary Judgment Cross-Motion were taken under advisement. In a Memorandum and Order of even date, the court has denied the Summary Judgment Motion and allowed the Summary Judgment Cross-Motion.
In accordance with the court's Memorandum and Order issued today, it is
ORDERED, ADJUDGED and DECLARED that the City of Haverhill's amendment to the City of Haverhill Zoning Ordinance to add Article XIX, Licensed Marijuana Establishments Overlay Zone, as added on January 30, 2018, and amended on January 15, 2019 (LMEOZ), including the establishment of the Licensed Marijuana Establishments - Retail Sales Only (LME-RO) zone, bears a substantial relation to a valid legislative purpose and is a valid and legitimate exercise of the City of Haverhill's authority under G.L. c. 40A. It is further
ORDERED and ADJUDGED that the Complaint is DISMISSED with prejudice
So Ordered.
J. BRADFORD BROOKS and LLOYD JENNINGS, as Trustees of the L&B REALTY TRUST, STAVROS DIMAKIS d/b/a MARK'S DELI, and STAVROS DIMAKIS as Trustee of EVTHOKIA REALTY TRUST vs. CITY OF HAVERHILL, HAVERHILL STEM, LLC, PINEAU PROJECTS, LLC, and THE WESTLAND GROUP LLC