UNITED STATES OF AMERICA v. BRUCE DRUCKER, ROBERT HANKEY, THEODORE E. HELIGER, VERNON JACOB, DONALD PALLADINO, ROGER L. PUTNAM, WILLIAM NICHOLSON, THOMAS REINHART, HELEN M. WILSON, as they are members of the TOWN OF WELLFLEET ZONING BOARD OF APPEALS and BLASCH DEL MAR, LLC

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.).