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 Comars 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, Comars 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.