Home DANIEL P. HOLMES and ELIZABETH Z. HOLMES v. TOWN OF SUDBURY BOARD OF APPEALS, FAIRVIEW DEVELOPMENT CORP., and FRANK MAURER CO., INC.

MISC 05-315988

October 7, 2008

MIDDLESEX, ss.

Scheier, C.J.

JUDGMENT OF DISMISSAL

In this action, Daniel P. and Elizabeth Z. Holmes (Plaintiffs) filed a Complaint for Civil Contempt alleging that Fairview Development Corp. and Frank Maurer Co., Inc. (Defendants) are in violation of this court’s March 28, 2007 Judgment. After a two-day trial, held on January 15, 2008, and March 10, 2008, and a view taken by the court, this court has issued a decision finding that Defendants have not acted in contempt of this court’s Judgment.

Therefore, it is

ADJUDGED and ORDERED that Plaintiffs’ Complaint for Civil Contempt is DISMISSED.

By the Court. (Scheier, C.J.)