Home 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.

MISC 08-390390

May 26, 2009

MIDDLESEX, ss.

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.)