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Lawsuit brought by owner of Somerville Star Market site dismissed

Posted by Jarret Bencks  September 11, 2013 01:24 PM

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A lawsuit filed by the owner of the former Star Market site on Broadway in Somerville against the city has been thrown out.

The lawsuit was filed in 2010 by Comar Real Estate Trust after the city's Planning Board refused to grant a special permit that would have allowed an Ocean State Job Lot store to move into the site at 299 Broadway, which has been vacant since Star Market closed in 2008.

In a ruling issued Sept. 5, Middlesex Land Court Judith C. Cutler rejected the property owner's arguments that the proposed use of the building meets the special permit requirements or that the zoning ordinance violates state and US constitutional law, according to an announcement by the city.

The city added new zoning amendments in early 2010 that created new commercial corridor districts along Broadway in Winter Hill and East Somerville that required a more intensive review of new construction projects.

In a statement, Mayor Joseph Curtatone said he looked forward to working with the owners of the Star Market site.

"Change is not always easy, but I know that by doing the hard work, meticulous planning, and long-term visioning, we can create an environment that benefits both businesses and residents," Curtatone said.

Jarret Bencks can be reached at bencks.globe@gmail.com. Follow him on twitter @JarretBencks.

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