CAROL J. HOLLEY and CHARLES L. ABRAHAM v. JONATHAN WAGNER, CARA VOUTSELAS, and KENNETH KOZIK, as members of the ZONING BOARD OF APPEALS OF THE TOWN OF ACTON, and THE TOWN OF ACTON

This action was commenced by plaintiffs, Carol J. Holley and Charles L. Abraham, on December 4, 2006, as an appeal pursuant to G.L. c. 40A, § 17. Plaintiffs seek to overturn a decision of the defendant, the Zoning Board of Appeals of the Town of Acton, denying the plaintiffs’ application to overturn a cease and desist order issued by the Acton Building Commissioner regarding the plaintiffs’ use of a parcel of real property known as and numbered 39 Pope Road in Acton.

On November 2, 2007, defendants filed a motion for summary judgment. On November 9, 2007, plaintiffs filed a cross-motion for summary judgment. On December 4, 2007, defendants filed an opposition to the plaintiffs’ motion, and on the same day, plaintiffs filed an opposition to the defendants’ motion. The motions were argued before the Court on December 4, 2007, and taken under advisement.

After careful consideration of all of the evidence, the Court entered a decision today, ruling that the Zoning Board of Appeals acted properly in denying the plaintiffs’ application to overturn the cease and desist order of the Acton Building Commissioner.

In accordance with that Decision, it is hereby

ADJUDGED and ORDERED that the defendants’ motion for summary judgment is ALLOWED;

ADJUDGED and ORDERED that the plaintiffs’ motion for summary judgment is DENIED; and it is further

ADJUDGED and ORDERED that the Complaint be, and is hereby DISMISSED.

By the Court (Trombly, J.).

Attest:

Deborah J. Patterson

Recorder

Dated: January 20, 2009