In this action brought pursuant to G. L. c. 40A, § 17, filed July 3, 2008, Plaintiff appeals a decision of the Nantucket Zoning Board of Appeals (Board), granting Defendant Murphys application for a special permit to construct a residence on property at 5 Spring Street, Nantucket, which abuts Plaintiffs property. A one-day trial was held on March 17, 2009. A decision of todays date has issued, in which the court held that Plaintiff does not have standing to challenge the Boards grant. In accordance with that decision, it is
ADJUDGED and ORDERED that Plaintiff Dianne Churchill lacks standing to bring this appeal from the decision of the Board in favor of Janet P. Murphy, Trustee of Fish Lane Realty Trust dated June 12, 2008, on Application No. 020-08; it is further
ADJUDGED and ORDERED that the court is therefore without jurisdiction to reach the merits of Plaintiffs appeal; and it is further
ADJUDGED and ORDERED that the case hereby is DISMISSED.
By the Court (Scheier, C.J.)
Attest:
Deborah J. Patterson
Recorder
Dated: October 23, 2009
DIANNE CHURCHILL a/k/a DIANNE CHURCHILL NIEBOER v. JANET P. MURPHY, as Trustee of FISH LANE REALTY TRUST, and NANCY SEVRENS, DALE WAINE, MICHAEL J. OMARA, KERIM KOSEATAC, and EDWARD TOOLE, as they are members of the NANTUCKET ZONING BOARD OF APPEALS