BELLIS CIRCLE, INC. v. CITY OF CAMBRIDGE.

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. Bellis’s 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 Defendant’s Motion for Summary Judgment. On January 7, 2013, Bellis filed Plaintiff’s Opposition and Cross Motion for Summary Judgment (Plaintiff’s Cross Motion for Summary Judgment).

Defendant’s Motion for Summary Judgment and Plaintiff’s 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 Defendant’s Motion for Summary Judgment and denied Plaintiff’s Cross Motion for Summary Judgment.

In accordance with the court’s decision issued today, it is

ORDERED AND ADJUDGED that plaintiff’s Amended Complaint is DISMISSED with prejudice.