Christopher J. Curley and Carol S. Curley (the Curleys) filed their verified complaint in this action on February 6, 2012. By the courts Order Allowing Defendants Motion to Dismiss and Granting Leave to Amend, issued September 27, 2012, the verified complaint was dismissed and the Curleys given leave to amend. The Curleys filed their amended complaint on October 9, 2012. The Curleys amended complaint is an action in the nature of mandamus pursuant to G.L. c. 249, § 5, seeking a judgment invalidating the lease between the defendants Town of Billerica (Town) and Independent Towers Holdings, LLC and enjoining the Town and defendant Board of Selectmen of the Town of Billerica (Board) from disposing of the property at issue without complying with the requirements set forth in Article 97 of the Amendments to the Massachusetts Constitution. The Town and the Board filed their Motion for Summary Judgment on December 21, 2012. The Curleys filed Plaintiffs Cross-Motion for Summary Judgment on January 30, 2013.
The Motion for Summary Judgment and the Plaintiffs Cross-Motion for Summary Judgment came on to be heard on March 18, 2013, at which Independent joined the Motion for Summary Judgment. In a decision of even date, the court (Foster, J.) has allowed the Motion for Summary Judgment and has denied the 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.