ELLEN ROSENFELD, Trustee of THE ELLEN REALTY TRUST, and COMMCAN, INC. v. THE TOWN OF MANSFIELD, MASSACHUSETTS

This action commenced on July 18, 2019, as an action in which the plaintiffs seek a determination pursuant to G. L. c. 240, §14A, whether the town of Mansfield may, by its zoning bylaw, prohibit the conversion of the plaintiff CommCan, Inc.'s licensed medical marijuana treatment facility, licensed for operation at property owned by the plaintiff Ellen Rosenfeld, Trustee of The Ellen Realty Trust, at 611 West Street in Mansfield, to a facility for the sale of marijuana to adults pursuant to G. L. c. 94G. The case came on for a hearing before the court (Speicher, J.) on the plaintiffs' motion for summary judgment on March 5, 2020, and was taken under advisement on that date. In a decision of even date, the court has ALLOWED the plaintiffs' motion for summary judgment. In accordance with the court's decision, it is

ORDERED, ADJUDGED and DECLARED on the sole count of the Complaint that the town of Mansfield zoning bylaw shall not operate to prevent the conversion of the medical marijuana treatment center licensed or registered to CommCan, Inc. to operate at the property at 611 West Street in Mansfield, to an establishment for the sale of marijuana to adults pursuant to G. L. c. 94G, and it is further

ORDERED that today's decision, and this Judgment issued pursuant thereto, dispose 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.