Plaintiff, the United States of America, commenced this case on July 23, 2008, as an appeal, pursuant to G.L. c. 40A, § 17, from a decision of the Defendant the Town of Wellfleet Zoning Board of Appeals upholding the grant of a building permit for the reconstruction of a single-family dwelling on a parcel of registered land, known as and numbered 1440 Chequessett Neck Road in Wellfleet. The subject property is shown as Lot 5 on Land Court Plan 18775-D, and is owned of record by Defendant Blasch Del Mar, LLC.
On August 11, 2009, Plaintiff filed a Motion for Summary Judgment. Defendant Blasch Del Mar, LLC opposed the motion on September 28, 2009, and field a Cross-Motion for Summary Judgment. The motions were argued before the court on October 23, 2009, and taken under advisement.
After careful consideration of all of the evidence, the court issued a Decision today, ruling that Plaintiff lacks standing to bring this action.
In accordance with that Decision, it is hereby:
ADJUDGED and ORDERED that the Complaint be and is hereby DISMISSED.
By the court (Trombly, J.).
[Note 1] If not specifically defined herein, each term carries the same definition employed in the Decision.