Plaintiff initiated this case on September 2, 2008, by filing a six-count complaint seeking, among other things, an order requiring the Building Inspector for the Town of Wilmington to issue a building permit for 12 Polk Street (Plaintiffs Property). On January 29, 2010, the parties filed a stipulation of dismissal as to Counts II through VI, leaving Count I as the sole remaining count. In Count I, filed pursuant to G. L. c. 40A, § 17, Plaintiff challenges the denial of a building permit for Plaintiffs Property, which was upheld by the Zoning Board of Appeals (Board). On April 16, 2010, Plaintiff filed a motion for summary judgment, which was opposed by the Board members through a written opposition filed on May 14, 2010. A hearing was held on June 16, 2010, at which all parties were heard. A decision of todays date has issued upholding the Boards decision. In accordance with that decision, it is hereby
ADJUDGED and ORDERED that the decision of the Board (Case No. 24A-08), upholding the Building Inspectors denial of Plaintiffs application for a building permit for Plaintiffs Property at 12 Polk Street Wilmington was within the Boards authority and is affirmed and Summary Judgment on Count I of the Complaint is granted to the members of the Board; and it is further
ADJUDGED and ORDERED that inasmuch as all Counts other than Count I have previously been dismissed by the parties, Plaintiffs Complaint hereby is DISMISSED.
By the Court (Scheier, C.J.)