Deborah A. Butler filed her complaint in this action on April 17, 2013. The complaint is an appeal pursuant to G.L. c. 40A, § 17, seeking a judgment annulling the decision of the defendant Town of Framingham Zoning Board of Appeals (ZBA) granting a variance to defendant Danforth Green, LLC (Danforth), and a claim pursuant to G.L. c. 93A, § 9. A case management conference was held on May 21, 2013, at which the parties agreed that no claim pursuant to G.L. c. 93A, § 9 is stated in this action. Danforth filed its motion to transfer this case to the Permit Session on June 6, 2013; that motion was allowed on July 1, 2013. Danforth and the ZBA filed the Defendants Motion for Summary Judgment on June 24, 2013.
The Defendants Motion for Summary Judgment came on to be heard on August 13, 2013. In a decision of even date, the court (Foster, J.) has allowed the Defendants Motion for Summary Judgment.
In accordance with the courts decision issued today, it is
ORDERED AND ADJUDGED that plaintiffs complaint is DISMISSED with prejudice.
DEBORAH A. BUTLER v. DANFORTH GREEN, LLC and TOWN OF FRAMINGHAM, MASSACHUSETTS ZONING BOARD OF APPEALS, PHILIP R. OTTAVIANI, JR., Chair, SUSAN S. CRAIGHEAD, Vice-Chair, and STEPHEN E. MELTZER, Clerk.