The Complaint in this action was filed on September 24, 2019. The Answer of Gary B. Wright, individually and as trustee of Zachary's Cove Realty Trust (Wright), was filed on October 25, 2019. The Answer of City of Amesbury Zoning Board of Appeals (Board); Sharon McDermot Member of the Amesbury Zoning Board of Appeals; Donna Collins Member of the Amesbury Zoning Board of Appeals; David Haraske Member of the Amesbury Zoning Board of Appeals; Michael McCarthy Member of the Amesbury Zoning Board of Appeals; Matthew Vincent Member of the Amesbury Zoning Board of Appeals; Robert Orem Associate Member of the Amesbury Zoning Board of Appeals; and Denis A. Nadeau Building Commissioner for the City of Amesbury was filed on October 28, 2019. Wright filed his Motion to Dismiss and Memorandum of Law in Support of Motion to Dismiss on January 3, 2020 (Def.'s MTD). Plaintiff Tracy Harris filed Plaintiff's Opposition to Private Defendant's Motion to Dismiss with Supporting Memorandum of Law on January 31, 2020. Wright filed a Reply to Plaintiff's Opposition to Motion to Dismiss on February 18, 2020. The Motion to Dismiss was heard on February 21, 2020, and taken under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has allowed the Motion to Dismiss.
In accordance with the court's Memorandum and Order issued today, it is
ORDERED and ADJUDGED that the Complaint is DISMISSED without prejudice
So Ordered.
TRACY HARRIS vs. CITY OF AMESBURY ZONING BOARD OF APPEALS, SHARON McDERMOT, DONNA COLLINS, DAVID HARASKE, MICHAEL McCARTHY, MATTHEW VINCENT, and ROBERT OREM, as they are Members and an Associate Member of said BOARD, DENIS A. NADEAU, as Building Commissioner for the City of Amesbury, and GARY B. WRIGHT, Individually and as Trustee of ZACHARY'S COVE REALTY TRUST