Home KEVIN JONES v. ANTHONY EONAS, JOHN CAHILL, KENNETH GALLIGAN, D. SEAN NOONAN, and VIOLA PACKARD, As They Are Members Of The Zoning Board Of Appeals Of The City Of Brockton

MISC 08-381252

July 12, 2010


Piper, J.


The plaintiff, Kevin Jones, filed a complaint seeking, pursuant to G. L. c. 40A, §17, judicial review of a decision (“Decision”) of the Zoning Board of Appeals (“Board”) of the City of Brockton, whose members are defendants.

The Board’s challenged Decision was filed with the City Clerk on May 2, 2008. In the Decision, the Board denied an administrative appeal from the determination by the City’s building inspector that the plaintiff was not entitled to receive a building permit he had requested. The building permit unsuccessfully sought by plaintiff would have authorized construction of a new single family dwelling on a parcel of land with a street address of 15 Carrlyn Road, measuring 50 feet wide and 100 feet deep, and thus containing 5,000 square feet. The locus for which plaintiff sought the building permit is that depicted as lot 39 on a plan (“Nye Plan”) entitled “Plan of Lots at Terrace Heights Brockton, Mass. Owned by William C. Nye, prepared by Hayward & Hayward, Civil Engineers, recorded with Plymouth Plans in Book 3, Page 887. (On the Nye Plan, what is now Carrlyn Road is called East Terrace.)

This case came on to be heard by the court (Piper, J.) on defendants’ motion for summary judgment. In a decision of even date, the court has granted defendants’ motion for summary judgment. In accordance with the court’s decision, it is

ORDERED and ADJUDGED that the Decision of the Board is not beyond the scope of authority of the defendant members of the Board; is not arbitrary, capricious, unreasonable or contrary to law; and is not legally entitled to be annulled or modified by the court. It is further

ORDERED that no fees, costs, or other amounts are awarded to any party.

By the Court. (Piper, J).