Joseph Bylinski (Bylinski) filed his complaint in this action on August 21, 2009, his amended complaint on May 5, 2010, and his second amended complaint on February 14, 2012 (complaint). Bylinskis complaint seeks an order in the nature of mandamus directing the defendant Adelle Reynolds, as she is the Building Commissioner of the Town of Douglas (Commissioner) to order the removal of the structure built by defendant Guaranteed Builders, Inc. (Guaranteed). Bylinski filed his Motion for Summary Judgment on June 10, 2013.
This Motion for Summary Judgment came on to be heard on August 1, 2013. In a decision of even date, the court (Foster, J.) has denied the Motion for Summary Judgment and entered summary judgment in favor of the Commissioner and Guaranteed pursuant to Mass. R. Civ. P. 56(c).
In accordance with the courts decision issued today, it is
ORDERED AND ADJUDGED that plaintiffs complaint is DISMISSED without prejudice.