MILTON S. FISTEL and LINDA F. FISTEL v. PAUL J. McNEIL, MAUREEN K. McNEIL, and SUSAN F. FOGARTY, JEAN M. SCHISSEL and CHARLES E. SCHISSEL, TRUSTEES OF THE HUMPHREY 336 REALTY TRUST, J. ALAN HEZEKIAK, Inspector of Buildings for the Town of Swampscott, and the TOWN OF SWAMPSCOTT
January 20, 2011
JUDGMENT OF DISMISSAL
- MISC 09-414355 : CHARLES M. SCHISSEL, SUSAN E. FOGARTY, and JEAN M. SCHISSEL, TRUSTEES OF THE HUMPHREY 336 REALTY v. DONALD HAUSE, DANIEL DOHERTY, MARC KORNITSKY, HARRY PASS, ANDREW ROSE, DAMON SELIGSON, and PETER SPELIOS, as they are members of the TOWN OF SWAMPSCOTT ZONING BOARD OF APPEALS, and MILTON S. FISTEL and LINDA F. FISTEL
In this action, Plaintiff seeks declaratory judgment and asks the Court to rule that the Agreements for Judgment negotiated by the parties and approved by the Court in related Case No. 05 MISC 309084 were procured by fraud and/or negligent misrepresentation and that neither the Town nor this Court had the power to grant the relief that was agreed to because it constituted a variance which was not within the power of this Court to grant.
A decision of todays date has issued in favor of Plaintiffs. In accordance with that decision, it is hereby
ADJUDGED and ORDERED that Plaintiffs Complaint hereby is DISMISSED.
By the Court (Trombly, J.)