This action commenced in this court April 29, 2007.
Plaintiffs Seaport Development, LLC, and Kevin P. Kerr, as trustee of 44 North Water Street Realty Trust filed a complaint pursuant to M. G. L. c. 40A § 17, appealing from a decision of the Zoning Board of Appeal (Board) of the Town of Edgartown, whose members are defendants, upholding the defendant Building Inspectors refusal to issue a building permit for construction of a five dwelling unit residential condominium project on real property in Edgartown, County of Dukes County, Massachusetts. The decision (Decision) of the Board complained of in this action was filed with the Clerk of the Town on April 11, 2008.
This case came on to be heard by the court on cross-motions for summary judgment. In a decision of even date, the court (Piper, J.) has granted the defendants motion for summary judgment, and denied the plaintiffs motion for summary judgment.
In accordance with the courts decision issued today, it is
ORDERED and ADJUDGED that the Decision by the Board is not arbitrary or capricious; is not contrary to law or based on legally untenable grounds; is not in excess of the Boards authority; and is not otherwise lawfully entitled to be annulled or modified. It is further
ORDERED AND ADJUDGED that no damages, fees, costs, or amounts are awarded to any party.
By the Court. (Piper, J).
SEAPORT DEVELOPMENT, LLC; and KEVIN P. KERR, AS TRUSTEE OF 44 NORTH WATER STREET REALTY TRUST v. MARTIN TOMASSIAN, JOHN MAGNUSON, CAROL GRANT, NANCY WHIPPLE, and NANCY KELLY, as the members of the ZONING BOARD of APPEAL of TOWN OF EDGARTOWN; and LEONARD JASON, JR., as BUILDING INSPECTOR of TOWN of EDGARTOWN