James D. Wall (Wall) filed the Complaint on December 10, 2019. The defendants Ireneusz Goralczyk a/k/a Jerry Goralczyk, Building Inspector for the Town of Montgomery (Building Inspector), and Jacob Chapman, Donald Washburn, and Michael Morrissey, as the Town of Montgomery Board of Selectmen (Board) (together, the Town) filed the Answer of the Town on January 22, 2020. Defendant Heart and Home Realty, LLC, as Trustee for 46 New State Road Land Trust (H&H) filed its Answer on January 27, 2020. The case management conference was held on February 24, 2020. Defendant Kevin LaFreniere filed his Answer on August 17, 2020.
On September 28, 2020, Wall filed Plaintiff's Motion for Partial Summary Judgment Affirming the Decision/Order of the Zoning Board of Appeals and Selectboard and Granting Equitable Relief Enforcing Such Pursuant to Mass. Rules of Civil Procedure 56 (Motion for Summary Judgment). On October 27, 2020, H&H filed the Motion to Dismiss by Defendant Heart & Home Realty, LLC, Trustee (Motion to Dismiss). On October 28, 2020, the Town filed Town of Montgomery's Opposition and Cross-Motion for Summary Judgment (Cross-Motion for Summary Judgment). On November 12, 2020, Wall filed Plaintiff's Motion for Leave to Amend Prayers for Relief in Complaint (Motion to Amend). Hearing was held on the motions and on November 13, 2020, and the motions were taken under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has allowed the Motion to Amend and allowed in part and denied in part the Motion for Summary Judgment, the Motion to Dismiss, and the Cross-Motion for Summary Judgment.
In accordance with the court's Memorandum and Order issued today, it is
ORDERED, ADJUDGED, and DECLARED that Wall's letter to the Board and the Building Inspector dated October 24, 2019, attached hereto as Exhibit A, is hereby deemed a request for enforcement to the Building Inspector pursuant to G.L. c. 40A, ยง 7 (Request for Enforcement). It is further
ORDERED, ADJUDGED, and DECLARED that the Building Inspector shall respond to the Request for Enforcement within thirty (30) days of the date of this Judgment. It is further
ORDERED AND ADJUDGED that the remaining claims of the Complaint as amended are DISMISSED without prejudice.
JAMES D. WALL, Plaintiff, v. IRENEUSZ GORALCZYK a/k/a JERRY GORALCZYK, Building Inspector for the Town of Montgomery, JACOB CHAPMAN, DONALD WASHBURN, and MICHAEL MORRISSEY, as the Town of Montgomery Board of Selectmen, KEVIN LaFRENIERE, and HEART AND HOME REALTY, LLC, as Trustee for 46 New State Road Land Trust, Defendants
