This action, commenced by Plaintiffs January 3, 2008, is an appeal under G.L. c. 40A, §17, seeking judicial review of a decision (Decision) of the Zoning Board of Appeals (Board) of the Town of Salisbury (whose members are defendants), which Decision, known as Case No. 07-045, granted a finding to the Trustee Defendants with respect to a project proposed by them to be carried out on improved property owned by the Trustees at 188 North End Boulevard in the Town of Salisbury. The challenged Decision was dated December 17, 2007.
This case came on to be tried to the court (Piper, J.), which, in a Decision issued this date, has made findings of fact and rulings of law.
In accordance with the courts Decision, it is
ORDERED and ADJUDGED that the Decision of the Zoning Board of Appeals of the Town of Salisbury in Case No. 07-045, dated December 17, 2007, is based on a legally untenable ground, exceeded the authority of the Board, and is ANNULLED. It is further
ORDERED and ADJUDGED that the no costs or fees are awarded to any party.
By the Court. (Piper, J).
[Note 1] (Collectively, Plaintiffs.) A suggestion of the death of plaintiff Frank Comparone was filed on July 1, 2009. Plaintiffs also filed on July 1, 2009 a motion to substitute Albert Erler, Trustee of 186 North End Boulevard Unit 3 Realty Trust for plaintiff Lorraine Woolridge; the court allowed that motion on July 28, 2009.
[Note 2] Trustee Defendants private defendants or Trustees refers to the private defendants (Salvatore Cavallaro, Josephine Dean, and Barbara A. Pappalardo, named as Trustees of B.A. Pappalardo Realty Trust). A suggestion of death as to one of the Trustees, Josephine Dean, was filed May 25, 2011. The remaining defendants are Charlie Marbardy, Tim Lamprey, Susan Pawlischeck, Bill Spinney, Kendra Pike-Osgood, and Mark Whitmore each named in their capacity as a member of the Town of Salisbury Zoning Board of Appeals.