NICHOLAS A. PETTINELLA as TRUSTEE OF OCEAN HAVEN CONDOMINIUM TRUST, ROBERTA M. MANSOR as TRUSTEE OF MANSOR REALTY TRUST II, ALBERT ERLER as TRUSTEE OF 186 NORTH END BOULEVARD UNIT 3 REALTY TRUST, DONALD BARRUCCI, JR., BRYAN URDA, FRANK COMPARONE, VIRGINIA COMPARONE, GASPER J. LAGRASSE, JR., NICHOLAS A. PETTINELLA, and NANCY PETTINELLA [Note 1] v. SALVATORE CAVALLARO, JOSEPHINE DEAN, and BARBARA A. PAPPALARDO as TRUSTEES OF B.A. PAPPALARDO REALTY TRUST; CHARLIE MABARDY, TIM LAMPREY, SUSAN PAWLISCHECK, BILL SPINNEY, KENDRA PIKE-OSGOOD, and MARK WHITMORE as MEMBERS OF THE TOWN OF SALISBURY ZONING BOARD OF APPEALS [Note 2]

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 court’s 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).