PETRICCA DEVELEOPMENT, LLC, BERKSHIRE CONCRETE CORP. and BASIL A. PETRICCA v. LANESBOROUGH ENTERPRISES NEWCO LLC, THE TOWN OF LANESBOROUGH ZONING BOARD OF APPEALS AND ROBERT MOSSMAN, THOMAS M. OSTROWSKI, EUGENE P. ANDREW, HARLEY PHELPS, GORDON ZAKS, AND ROBERT SAMPSON, AS MEMBERS OF THE ZONING BOARD OF APPEALS

These cases came on to be heard on Defendants’ Joint Motion for Summary Judgment seeking dismissal of the actions due to Plaintiffs’ lack of standing as “aggrieved parties” under G. L. c. 40A, § 17 and G. L. c. 41, § 81BB. The motions and oppositions thereto were fully argued before the Court on September 8, 2010. An Order allowing Defendants’ Motion has been entered this day. In accordance therewith, it is hereby

ORDERED and ADJUDGED that both complaints must be, and are hereby, dismissed with prejudice, the Court finding and ruling that the Special Permit granted to Lanesborough Enterprises Newco, LLC. on March 30, 2005 was not appealed and that the Plaintiffs are not aggrieved parties and therefore lack standing because they did not suffer injuries resulting from the plan approval and dimensional variances subsequently granted by the Planning Board and Zoning Board of Appeals to Lanesborough Enterprises Newco, LLC.

By the Court (Trombly, J.)