Plaintiffs filed their unverified complaint on September 29, 2008, appealing, pursuant to the provisions of G. L. c. 40A, § 17, Defendant Town of Middleton (the Town) Zoning Board of Appeals (the ZBA) decision which upheld the Town Building Commissioners (the Building Commissioner) denial of a building permit pertaining to property located at 58 South Main Street, Middleton, Massachusetts (Locus). [Note 1] A case management conference was held on December 1, 2008, and this court issued a Remand Order on February 19, 2009. [Note 2]
Plaintiffs filed their Motion for Summary Judgment on December 15, 2009, together with supporting memorandum. The ZBA filed its Opposition and Cross-Motion on February 10, 2010, together with supporting memorandum. Plaintiffs filed their reply on February 23, 2010. A hearing was held on both motions on May 10, 2010, at which time the motions were taken under advisement. A decision of todays date has been issued.
In accordance with that decision it is:
ORDERED and ADJUDGED that the decision of the ZBA dated November 13, 2009, upholding the Building Commissioners denial of Plaintiffs application for a building permit is valid and is not arbitrary, capricious or unreasonable, or in excess of the ZBAs authority.
ORDERED and ADJUDGED that Plaintiffs Motion for Summary Judgment is DENIED and the ZBAs Cross-Motion for Summary Judgment is ALLOWED.
By the court. (Sands, J.)
[Note 1] Plaintiffs filed their Amended Complaint on January 20, 2009, adding additional facts in support of their challenge to the ZBAs decision upholding the denial of Plaintiffs building permit.
[Note 2] This court issued an Amended Remand Order on May 4, 2009, in response to which the ZBA issued its remand decision on November 13, 2009, again upholding the Building Commissioners denial of the building permit. The remand decision is the basis for the summary judgment hearing.