In this action, brought pursuant to G. L. c. 40A, § 17, Plaintiff appeals a decision of the Zoning Board of Appeals of the City of Peabody (Board) upholding the refusal of the Peabody Building Inspector to order Samga to remove a fence it erected between Plaintiff’s and Samga’s commercial properties. Plaintiff initiated this action on January 24, 2007, by filing a one-count complaint alleging that the Board’s decision was arbitrary, capricious, and legally untenable.

A decision of today’s date has issued, upholding the Board’s decision. In accordance with the court’s decision, it is hereby

ADJUDGED and ORDERED that Plaintiff’s Complaint hereby is DISMISSED.

By the court (Scheier, C. J.)