SHERMAN AND JOAN ROGAN vs. DAMON SELIGSON, HARRY PASS, DANIEL DOHERTY, PETER SPELLIOS, DONALD HAUSE, ANDREW ROSE and MARC KORNITSKY, as they constitute the Board of Appeals of Swampscott
Sands, J.
Plaintiffs filed their unverified Complaint on July 30, 2008, appealing, pursuant to the provisions of G. L. c. 40A, § 17, a decision of Defendant Board of Appeals of Swampscott (the "ZBA") which revoked a building permit issued to Plaintiffs by the Building Inspector of Swampscott. [Note 1] On October 15, 2008, the ZBA filed a Motion to Dismiss, together with supporting memorandum and Statement of Material Facts. A Case Management Conference was held on Ocotber 17, 2008, at which the parties waived oral argument on the Motion to Dismiss. On October 22, 2008, Plaintiffs filed their Opposition to Motion to Dismiss. A decision of today's date has been issued.
In accordance with that Decision it is:
ORDERED and ADJUDGED that the alternate service of process described in the second paragraph of G. L. c. 40A, § 17 does not supplant the mandatory statutory requirement that notice of the complaint be timely filed with the Swampscott Town Clerk so as to give notice to the world. As a result, I find that Plaintiffs did not meet such mandatory statutory requirement.
ORDERED and ADJUDGED that the ZBA's Motion to Dismiss Plaintiffs' Complaint is ALLOWED.
By the court. (Sands, J.)
FOOTNOTES
[Note 1] Plaintiffs filed a Motion to Amend Complaint on August 4, 2008, and the same motion was filed again on August 14, 2008. This motion was never acted on by this court but is allowed as of right. Plaintiffs filed a Motion to Amend the Amended Complaint on September 16, 2008, which motion was opposed by the ZBA on October 15, 2008, and by Bithel (hereinafter defined) on October 17, 2008. This motion has not been acted upon. Plaintiffs also filed a Motion to Add One Defendant, namely Peter C. McCarriston (the Swampscott Plumbing and Gas Inspector), and a Motion to Strike Appearance of Counsel (for Bithel), on October 15, 2008. On October 17, 2008, Bithel filed an Opposition to the motion to dismiss the appearance of Bithel's attorney, and on October 23, 2008, the ZBA filed an opposition to the motion to add McCarriston as a Defendant. Neither of these motions have been acted upon.