Bellis Circle, Inc. (Bellis) filed its complaint in this action on March 6, 2012, and its Amended Petition to Determine Validity or Extent of Zoning Ordinance (Amended Complaint) on March 28, 2012. Belliss Amended Complaint named as defendants the City of Cambridge (City) and the Building Commissioner of Cambridge. Defendants Motion to Dismiss All Claims Against the Building Commissioner Pursuant to Mass. R. Civ. P. 12(B)(6) and to Dismiss Count III of the Amended Petition Pursuant to Mass. R. Civ. P. 12(b)(1) (motion to dismiss) was allowed on May 25, 2012. Counts I and II of the Amended Complaint remain. By an Order of Assignment dated July 9, 2012, this court (Foster, J.) was assigned, pursuant to G.L. c. 211B, § 9, to sit in the Superior Court for the sole purpose of hearing and determining Middlesex Superior Court civil action no. MICV2012-02278 (the Superior Court Action), and on July 30, 2012, this action and the Superior Court Action were ordered treated as companion cases. On December 7, 2012, the City filed Defendants Motion for Summary Judgment. On January 7, 2013, Bellis filed Plaintiffs Opposition and Cross Motion for Summary Judgment (Plaintiffs Cross Motion for Summary Judgment).
Defendants Motion for Summary Judgment and Plaintiffs Cross Motion for Summary Judgment both came on to be heard on February 15, 2013. In a decision of even date, the court (Foster, J.) has allowed Defendants Motion for Summary Judgment and denied Plaintiffs Cross Motion for Summary Judgment.
In accordance with the courts decision issued today, it is
ORDERED AND ADJUDGED that plaintiffs Amended Complaint is DISMISSED with prejudice.