COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
LAND COURT DEPARTMENT
EDWARD M. JUSKALIAN and KAREN M. WITTBRODT a/k/a KAREN M. JUSKALIAN v. WILLIAM FARNSWORTH, JULIA A. ADAM, JOHN CANTINO, JEFFREY YATES, and ROD STEWART, as they are members of and constitute the LITTLETON ZONING BOARD OF APPEALS and OMNIPOINT COMMUNICATIONS, INC.
17 LCR 359a
MISC 08-390390
MIDDLESEX, ss.
May 26, 2009
Scheier, C.J.
JUDGMENT
In this action, brought pursuant to G. L. c. 40A, § 17, Plaintiffs appeal a decision of the Littleton Zoning Board of Appeals granting Omnipoint Communications, Inc.a setback variance in connection with the construction of a wireless communications facility to be built on a parcel of land located at 7 Estate Road, Littleton.
A decision of today’s date granting Defendants’ Motion to Dismiss Plaintiffs’ Claims has issued, in which this court found and ruled pursuant to Mass. R. Civ. P. 12 (b)(1), hat Plaintiffs do not have standing to bring this appeal. In accordance with that decision, it is hereby
ADJUDGED and ORDERED that Plaintiffs’ complaint is DISMISSED.
By the Court (Scheier, C.J.)