On February 19, 2009, this court entered an Order on the Gossoms (defendants) Motion for Partial Summary Judgment and the Del Torchios (plaintiffs) Cross-Motion for Summary Judgment. By virtue of that Order, the court determined, inter alia, that the plaintiffs had not been aggrieved by the decision of the Gloucester Zoning Board of Appeals, and consequently lacked standing to maintain this action pursuant to G.L. c. 40A, s. 17.
Thereafter, remaining issues came to be tried upon which a decision has entered this day.
In Accordance therewith, it is hereby
ORDERED and ADJUDGED the Count I of the plaintiffs complaint brought pursuant to G.L. c. 40A, s. 17 is hereby Dismissed. It is further
ORDERED, ADJUDGED and DECLARED that the that the plaintiffs possess no fee interest in any portion of the disputed forty-foot Way pursuant to G.L. c. 183, s. 58; rather the plaintiffs possess a deeded easement therein. It is further
ORDERED, ADJUDGED and DECLARED that the defendants possess the fee interest in the forty-foot Way. It is further
ORDERED and ADJUDGED that the defendants are permanently enjoined from parking in Space Three of the upper paved parking area located largely in the forty-foot Way as shown on Exhibits 25 and 26.
By the Court (Grossman, J.)
JOHN DEL TORCHIO, III and LISA B. DEL TORCHIO vs. JAMES P. MOVALI, VIRGINIA BERGMANN, ROBERT G. STEWART, FRANCIS S. WRIGHT, JR., STEPHEN REYNOLDS, DAVID B. GARDNER, MICHAEL NIMON, as they are members of the GLOUCESTER ZONING BOARD OF APPEALS and MARK A. GOSSOM and SHELLY A. GOSSOM