BASK, INC., Plaintiff, v. ERNEST C. BORGES, DEBORAH A. CARR, DONALD L. CLEARY, GERALD A. CROTEAU, JOHN M. McCAUL, JEANNE M. QUINN, JEFFREY S. POSTELL, DAVID W. POTTIER and BARRY C. SANDERS, as they are members of the CITY OF TAUNTON MUNICIPAL COUNCIL, Defendants

This action commenced on October 25, 2019, as an appeal pursuant to G. L. c. 40A, §17, of a decision of the city of Taunton Municipal Council ("Municipal Council"), sitting as a special permit granting authority. The case came on for trial by the court (Speicher, J.). In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the court's decision, it is

ORDERED and ADJUDGED on the sole count of the Complaint, that the decision of the Municipal Council regarding property at 400 Winthrop Street in Taunton, dated October 1, 2019, and filed with the Taunton city clerk on October 8, 2019, is hereby ANNULLED, and it is further

ORDERED and ADJUDGED that the Municipal Council is hereby ORDERED to FORTHWITH issue the special permit as applied for by the plaintiff, and it is further ORDERED, in accordance with the court's authority pursuant to G. L. c. 40, §17 to "make such other decree as justice and equity may require," that the special permit shall be issued in sufficient time for the plaintiff to apply for a license pursuant to Chapter 222-1 of the Ordinances of the City of Taunton and to participate as an applicant in any hearing held by the Municipal Council with respect to the issuance of licenses pursuant to said Chapter 222-1, and that the Municipal Council shall consider such application by the plaintiff for a license pursuant to Chapter 222-1 at any such hearing along with all other duly filed applications, 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.