CHARLES E. SCHISSEL, SUSAN E. FOGERTY and JEAN M. SCHISSEL, trustees of the Humphrey 336 Realty Trust v. DONALD HAUSE, DANIEL DOHERTY, MARC KORNITSKY, HARRY PASS, ANDREW ROSE, DAMON SELIGSON and PETER SPELLIOS as members of the Swampscott Zoning Board of Appeals, MILTON S. FISTEL and LINDA F. FISTEL

For the reasons set forth in the court’s Memorandum and Order of this date, the plaintiffs’ motion for summary judgment is ALLOWED and the defendants’ is DENIED. The constructive revocation of the plaintiffs’ building permit is VACATED and this matter is remanded to the Swampscott Building Inspector with instructions to re-issue that permit.

SO ORDERED.

By the court (Long, J.)