COMAR REAL ESTATE TRUST by JAMES A. COHEN and JAMES B. MARCUS, Co-Trustees of COMAR REAL ESTATE TRUST v. CITY OF SOMERVILLE, PLANNING BOARD of the CITY OF SOMERVILLE and KEVIN PRIOR, ELIZABETH MORONEY, JOSEPH FAVALORO, JAMES KIRYLO, MICHAEL A. CAPUANO and DANA LEWINTER as Members of the SOMERVILLE PLANNING BOARD.

In the four-count Complaint filed on September 28, 2010, the Plaintiff Trustees of the Comar Real Estate Trust (“Comar”) challenge the actions of the Somerville Building Inspector in denying a building permit for alterations to a former supermarket building on commercially-zoned property located at 299 Broadway, Somerville, MA (the “Locus”). Comar also challenges a September 2, 2010 decision of the Somerville Planning Board (the “Planning Board”) which denied two special permits for Comar’s proposed use and development of the Locus. Additionally, Comar seeks to have certain provisions of the Somerville Zoning Ordinance (the “Ordinance”) declared invalid, and claims damages for a regulatory taking.

Following a hearing on March 14, 2012, Comar’s Motion for Summary Judgment on all counts was taken under advisement. Now, for the reasons stated in the Decision issued by the court (Cutler, J.) on September 5, 2013, it is hereby:

ADJUDGED and ORDERED that the Complaint is DISMISSED in its entirety.

SO ORDERED.