Home LORENE SCANLON, ZACHARI DELIGIANDIS, SONJA HERNANDEZ, WILLIAM PENTA, RICHARD T. LAPERCHIA, DARROW A. LEBOVICI, JANE CURTIS ARLANDER, RICHARD A. LUECKE, JACQUELINE M. WASHBURN, NICHOLAS M. NOWAK, MORRIS L. SCHOPF, STEPHEN D. WHITTIER, MARTIN H. IMM, HUMPHREY GARDNER, JOHN L. HAYES, WILLIAM RUSSELL BURNS, JR., WILLIAM L. WRIGHTSON, and THE FEDERAL STREET NEIGHBORHOOD ASSOCIATION, INC. [Note 1] v. ROBIN STEIN, et al, as they constitute the Members of the City of Salem Board of Appeals, and RIVERVIEW PLACE LLC

MISC 07-360004

July 20, 2010

ESSEX, ss.

Scheier, C.J.

JUDGMENT

In this action brought pursuant to G. L. c. 40A, § 17, Plaintiffs appeal a decision of the Salem Board of Zoning Appeals (BZA) granting Defendant Riverview Place, LLC (Riverview) three variances in connection with the proposed redevelopment of 4.14 acres of land located at 72 Flint Street, 67-69 Mason Street, and 71 Mason Street (Locus) into a mixed-use residential and commercial development in Salem. A one-day trial on the issue of Plaintiffs’ standing was held on March 9, 2010. A decision of today’s date has issued, in which the court held that the three remaining Plaintiffs do not have standing to challenge the BZA’s grant of the variances at issue. In accordance with that decision, it is

ADJUDGED and ORDERED that Plaintiffs Lorene Scanlon, Sonja Hernandez, and Richard T. Laperchia lack standing to bring this appeal from the decision of the BZA in favor of Riverview; it is further

ADJUDGED and ORDERED that the court is therefore without jurisdiction to reach the merits of Plaintiffs’ appeal; and it is further

ADJUDGED and ORDERED that the case hereby is DISMISSED.

By the Court (Scheier, C.J.)


FOOTNOTES

[Note 1] Per the “Joint Voluntary Stipulation of Dismissal,” the following parties have been dismissed: William Penta, Darrow A. Lebovici, Jane Curtis Arlander, Richard A. Luecke, Nicholas M. Nowak, Morris L. Schopf, Stephen D. Whittier, Martin H. Imm, Humphrey Gardner, John L. Hayes, William Russell Burns, Jr., and William L. Wrightson. On March 31, 2008, the court allowed Defendant’s Motion to Dismiss under Mass. R. Civ. P. 12(b)(1), in part, finding that Jacqueline A. Washburn, Federal Street Neighborhood Association, Inc., and Zachari Deligiandas lacked standing under G. L. c. 40A, § 17.