MARK D. NELSON v. THE TOWN OF WILMINGTON, CHARLES BOYLE, ROBERT DOUCETTE, EDWARD LOUD, ROBERT SPENCER, AND DANIEL VEERMAN, as they are members of the WILMINGTON BOARD OF APPEALS, MICHAEL SORRENTINO, RANDI R. HOLLAND, ANN YUREK, JAMES BANDA, JR., AND BRIAN CORRIGAN, as they are members of the PLANNING BOARD OF THE TOWN OF WILMINGTON, DANIEL W. PARET, as the former BUILDING INSPECTOR OF THE TOWN OF WILMINGTON, JOHN SPAULDING as the current BUILDING INSPECTOR OF THE TOWN OF WILMINGTON, CAROLE HAMILTON, as she is the DIRECTOR OF PLANNING AND CONSERVATION for the TOWN OF WILMINGTON, MICHAEL CAIRA, WILMINGTON TOWN MANAGER and THE TOWN WATER AND SEWER COMMISSION, et al.

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 (Plaintiff’s 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 Plaintiff’s 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 today’s date has issued upholding the Board’s 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 Inspector’s denial of Plaintiff’s application for a building permit for Plaintiff’s Property at 12 Polk Street Wilmington was within the Board’s 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, Plaintiff’s Complaint hereby is DISMISSED.

By the Court (Scheier, C.J.)