Home 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

MISC 09-415712

January 20, 2011

ESSEX, ss.

Trombly, J.

JUDGMENT OF DISMISSAL

With:

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 today’s date has issued in favor of Plaintiffs. In accordance with that decision, it is hereby

ADJUDGED and ORDERED that Plaintiff’s Complaint hereby is DISMISSED.

By the Court (Trombly, J.)