The Complaint was filed on September 15, 2020. The Amended Complaint was filed on September 23, 2020. The Amended Complaint has three counts: Count I under G.L. c. 40A, § 17, Count II for Equitable Estoppel, and Count III under G.L. c. 40A, § 7, and G.L. c. 231A, § 1. The plaintiffs filed their Affidavit of Notice on October 6, 2020. The Motion of the Defendant, James F. Doherty, to Dismiss Action Pursuant to Mass. R. Civ. P. 12(b)(1) (Doherty Motion to Dismiss) was filed on October 20, 2020. The Motion of the Defendants Arlington Redevelopment Board, Benson, Lau, Zsembery, Watson, and Arlington Inspectional Services Department to Dismiss Pursuant to Mass. R. Civ. P. 12(b)(1) and 12(b)(6) (Town Motion to Dismiss) was filed on October 21, 2020.
The Doherty Motion to Dismiss and the Town Motion to Dismiss came on to be heard on November 12, 2020. At the hearing, the court dismissed Count I of the Amended Complaint without prejudice, dismissed Count II of the Amended Complaint, and took the motions to dismiss Count III under advisement. In a Memorandum and Order of even date, the court (Foster, J.) has allowed both the Doherty Motion to Dismiss and the Town Motion to Dismiss, and ordered dismissal of the entire Amended Complaint with prejudice.
In accordance with the court's dismissals at the November 12, 2020 hearing and its Memorandum and Order issued today, it is
ORDERED AND ADJUDGED that the Amended Complaint is DISMISSED with prejudice.
MARINA DARLOW, ADAM DARLOW, IVANA ZGALJIC, JAMES ROCCI, MICHAEL SANDLER, SARA LANGELIER, RICHARD McELROY, JIHONG PARK, EILEEN PARK, and ELISE WELTON, Plaintiffs, v. ARLINGTON REDEVELOPMENT BOARD, EUGENE BENSON, KIN LAU, KATIE LEVINE-EINSTEIN, DAVID WATSON, RACHEL ZSEMBERY, ANDREW BUNNELL, JAMES F. DOHERTY, Trustee of the 1211 Mass. Ave. Realty Trust, and ARLINGTON INSPECTIONAL SERVICES DEPARTMENT, Defendants