This action, which commenced October 5, 2007 with the filing of a complaint by Bruce and Maria Bullen (the Bullens), and Richard A. Joel (Joel), is an appeal under G. L. c. 40A, §17, seeking judicial review of a decision (Decision) of the Zoning Board of Appeals (ZBA) of the Town of Edgartown, whose members are defendants, in which the ZBA upheld the decision of the Edgartown Building Inspector, also a defendant, to deny a request by the plaintiffs to enforce Edgartown Zoning Bylaw § 14.1(e)(5) against defendant Phaidra Velarde (Velarde). The Decision was filed with the Clerk of the Town of Edgartown on September 21, 2007.
This case came on for hearing on cross-motions for summary judgment. In a decision of even date, the court (Piper, J.) has determined that the action is time barred under G. L. c. 249, § 4; that the plaintiffs have no right to seek a declaration under G. L. c. 240, § 14A; that the plaintiffs have no right to appeal under G. L. c. 40A, § 17; and that the plaintiffs lack standing to maintain an appeal under that statute.
In accordance with the courts decision issued today, it is
ORDERED AND ADJUDGED that plaintiffs complaint is DISMISSED with prejudice as to all parties and all claims.
By the Court. (Piper, J).
Attest:
Deborah J. Patterson
Recorder
Dated: June 29, 2009.
BRUCE BULLEN, MARIA BULLEN, and RICHARD A. JOEL v. PHAIDRA A. VELARDE; LEONARD A. JASON, JR., as he is Inspector of Buildings for the Town of Edgartown; NANCY KELLY, JOHN MAGNUSON, MARTIN TOMASSIAN and NANCY WHIPPLE, as they are members of the EDGARTOWN ZONING BOARD OF APPEALS; and TOWN OF EDGARTOWN