Plaintiffs John A. Bombara, Michael I. Zwicker and Lori A. Zwicker (together, Plaintiffs) filed their verified complaint April 6, 2010, appealing, pursuant to M.G.L.c 40A § 17, the March 16, 2011 decisions of the Zoning Board of Appeals of the Town of Douglas (the ZBA) which upheld notice of the Douglas Building Commissioner (the Building Commissioner) that Plaintiffs had violated the Town of Douglas Zoning Bylaw (the Bylaw) Section 22.214.171.124. A case management conference was held on May 27, 2010. The ZBA filed its Motion for Summary Judgment, together with supporting memorandum, Statement of Undisputed Material Facts, Affidavit of Adelle Reynolds (Town of Douglas Building Commissioner), and Appendix on November 30, 2010. Plaintiffs filed their Memorandum in Opposition to Defendants Motion for Summary Judgment on March 18, 2011. [Note 1] A Summary Judgment hearing was held on March 21, 2011, at which time, at this courts request, the parties agreed to attempt to settle the case. On April 27, 2011, the parties informed this court that a settlement could not be reached, and at that time the matter was taken under advisement. A decision of todays date has been issued.
In accordance with that decision, it is:
ORDERED and ADJUDGED that Plaintiffs are in possession of trailers on Plaintiffs respective properties for the purpose of non-construction storage, and, as such are in violation of the Town of Douglas Zoning Bylaw Section 126.96.36.199.
ORDERED and ADJUDGED that the ZBAs Motion for Summary Judgment is ALLOWED.
By the court. (Sands, J.)
[Note 1] Plaintiffs also filed Memorandum in Opposition to Defendants Motion for Summary Judgment again on April 8, 2011.