TITANIUM GROUP, LLC v. KENNETH GALLIGAN, JOHN CAHILL, STEPHEN BERNARD, D. SEAN NOONAN, and VAHAN BOYAJIAN, as they are members of the BROCKTON ZONING BOARD OF APPEALS

This case comes before the Court on the parties’ cross-motions for summary judgment. The underlying action in the case is an appeal of a decision of the Brockton Zoning Board of Appeals, pursuant to G.L. c. 40A, § 17, interpreting Article III, Section 27-18 to not include artificial turf and declaring, therefore, that the Plaintiff is not in compliance with the Zoning Code. The underlying action also sought a determination of the validity of the same Section as applied to the Plaintiff’s property, pursuant to G.L. c. 240, § 14A.

The Complaint in this case was filed on December 10, 2008. On October 26, 2009, Plaintiff filed a motion for summary judgment and supporting materials. On January 25, 2010, the Defendants filed an opposition to the Plaintiff’s motion and a cross-motion for summary judgment. The motions were argued and taken under advisement in a hearing before the Court on February 4, 2010.

After careful consideration of all of the evidence, the Court issued a Decision today, ruling that the summary judgment is granted to the Defendants.

In accordance with that Decision, it is hereby:

ADJUDGED and ORDERED that Defendants cross-motion for summary judgment is ALLOWED; and it is further

ADJUDGED and ORDERED that the decision of the Brockton Zoning Board of Appeals is AFFIRMED.

By the Court (Trombly, J.).