Plaintiffs Cathleen Foley-Dupuy, individually and as Trustee of J.V. Realty Trust, and Matthew J. Dupuy (collectively, Foley-Dupuy) appealed, pursuant to G. L. c. 40A, § 17, a decision of the Town of Barnstable Zoning Board of Appeals (Board) upholding a Cease and Desist Order and a Notice of a Zoning Violation issued by the Building Commissioner (Commissioner) on September 13, 2006.
The parties presented the case as a case stated, based on stipulated facts and other evidence and without a formal trial. Accordingly, the parties submitted a Joint Statement of Agreed Evidence and forty exhibits. A case stated hearing was held on April 14, 2014, at which all parties were heard. A decision of todays date has issued. In accordance with that decision, it is hereby:
ADJUDGED and ORDERED that the decision of the Board to uphold the Cease and Desist Order and Notice of a Zoning Violation issued by the Commissioner is AFFIRMED. The Boards decision was not based on legally untenable grounds and was not unreasonable, whimsical, capricious or arbitrary.
By the Court.
CATHLEEN FOLEY-DUPUY, as TRUSTEE of J.V. REALTY TRUST, CATHLEEN FOLEY-DUPUY, and MATTHEW J. DUPUY v. GAIL C. NIGHTINGALE, DANIEL M. CREEDON, RON S. JANSSON, RANDOLPH CHILDS, and JAMES R. HATFIELD, as they are MEMBERS of the TOWN OF BARNSTABLE ZONING BOARD OF APPEALS.