BARBARA GRAD-ALLEN, PETER F. ALLEN, ANNE C. HURSTON, JUDITH H. IDE, NETILIA MCARTHUR, and STEWART J. SMITH vs. NEW CINGULAR WIRELESS PCS, LLC, formerly known as AT&T WIRELESS PCS, LLC; HORIZON TOWERS, LLC; TOWN OF WAYLAND; JAMES E. GRUMBACH, ERIC B. GOLDBERG, STEVEN J. FUGARAZZO, LAWRENCE K. GLICK, SUSAN K. KOFFMAN, SHAUNT H. SARIAN, AIDA A. GENNIS, LINDA L. SEGAL, MICHAEL THOMAS and JERRY L. BOOS, as they are members of the TOWN OF WAYLAND ZONING BOARD OF APPEALS; DOUGLAS J. LEARD, JOSEPH F. NOLAN, ALAN J. REISS, MICHAEL J. TICHNOR, WILLIAM D. WHITNEY, and BRIAN T. HERLIHY, as they are members of the TOWN OF WAYLAND BOARD OF SELECTMEN; JUDITH L. ST. COX, as TOWN CLERK OF WAYLAND; and DANIEL F. BENNETT, as BUILDING COMMISSIONER FOR THE TOWN OF WAYLAND

On May 10, 2006, Plaintiffs filed their unverified Complaint (With Jury Demand) with the Middlesex Superior Court (Civil Action No. MICV2006-06-1659), alleging that a settlement between Defendants New Cingular Wireless PCS, LLC (“Cingular”) and Horizon Towers, LLC (“Horizon”) and Defendants Wayland Board of Selectmen (“Selectmen”) and Wayland Zoning Boards of Appeals (“ZBA”) (together with Defendants Town of Wayland (“Town”), Wayland Town Clerk, and Wayland Building Commissioner, the “Town Parties”) (Cingular, Horizon and the Town Parties, collectively “Defendants”) resulted in illegal spot zoning for the non-residential commercial use of a residentially zoned parcel of land on Reeves Hill in Wayland (Locus”). [Note 1] Cingular and Horizon filed their Answer on June 20, 2006, and the Town Parties filed their Answer on July 10, 2006. Pursuant to the provisions of G. L. c. 212, § 26A, the case was transferred to this court on August 11, 2006, as Miscellaneous Case No. 327749.

At a status conference on March 20, 2007, which both parties attended, this court established a schedule for filing of briefs and a hearing on summary judgment. Defendants filed their Motion for Summary Judgment on April 30, 2007, together with supporting memorandum, Statement of Material Undisputed Facts, and Affidavits of Larry Rosenfeld, Edward T. Moore and Lois M. Toombs. Plaintiffs did not file an opposition. A hearing was held on the summary judgment motion on September 10, 2007, at which Plaintiffs did not appear and did not contact this court relative to their absence. At that time the matter was taken under advisement, and a Decision of today’s date has been rendered. On September 17, 2007, Defendants filed an Affidavit of Frederic E. Turkington, Jr.

In accordance with that Decision it is:

ORDERED and ADJUDGED that Plaintiffs have presumed standing.

ORDERED and ADJUDGED that Defendants have shown, based on Plaintiffs’ articulated harms, that Plaintiffs have no reasonable expectation of proving a legally cognizable injury.

ORDERED and ADJUDGED that Plaintiffs have not sustained their burden to show standing.

ORDERED and ADJUDGED that Defendants’ Motion for Summary Judgment is ALLOWED.

By the court. (Sands, J.)