In this case, Plaintiffs challenge a decision of the Beverly Board of Appeals (Board), in which the Board upheld the Beverly Building Commissioner’s refusal to rescind a building permit issued to Defendant Elmtop Realty Trust (Trust). In his request to the Commissioner, Plaintiff Michael Harrington asserted that Defendant’s building permit should be rescinded because Defendant’s Property contains more than two acres and is subject to the Beverly Open Space Residential Design Ordinance (BOSRDO). The Commissioner refused to enforce the request and Mr. Harrington brought an appeal to the Board. The Board found that Mr. Harrington had standing appeal the Commissioner’s action and upheld it.

Plaintiffs commenced this action on August 28, 2009, pursuant to G. L. c. 40A, § 17, to appeal the Board’s decision. Following the filing of cross-motions for summary judgment and a hearing, at which all parties were heard, this court issued a decision of today’s date, annulling the Board’s decision for the reason that Plaintiff Michael Harrington did not have standing to appeal to the Board, and the Board therefore did not have jurisdiction to hear his appeal. In accordance with that decision, it is hereby

ADJUDGED and ORDERED that Michael Harrington, the sole appellant before the Board, did not have standing to appeal the Building Commissioner’s action; it is further

ADJUDGED and ORDERED that the Board did not have the authority to consider the appeal. As a consequence, the Board’s decision is void ab initio; and it is further

ADJUDGED and ORDERED that the Complaint hereby is DISMISSED.

By the court (Scheier, C.J.)