James Epstein and Lester S. Epstein filed their Appeal of Mansfield Zoning Board of Appeals Decision per M.G.L., c. 40A, § 17 (complaint) on May 18, 2012. The complaint is an appeal pursuant to G.L. c. 40A, § 17, seeking a judgment annulling the decision of the defendant Town of Mansfield Zoning Board of Appeals (ZBA) denying the plaintiffs appeal of an enforcement order of the Town of Mansfield Building Inspector, and a claim pursuant to G.L. c. 240, § 14A. A case management conference was held on June 14, 2012. The parties filed a Stipulation of Dismissal Without Prejudice of the claim pursuant to G.L. c. 240, § 14A on July 17, 2012. The plaintiffs filed the Plaintiffs Motion for Summary Judgment on July 8, 2013.
The Defendants Motion for Summary Judgment came on to be heard on August 23, 2013. In a decision of even date, the court (Foster, J.) has denied the Plaintiffs Motion for Summary Judgment and rendered summary judgment in favor of the ZBA.
In accordance with the courts decision issued today, it is
ORDERED AND ADJUDGED that plaintiffs complaint is DISMISSED with prejudice.
By the Court.
JAMES EPSTEIN and LESTER S. EPSTEIN v. MANSFIELD ZONING BOARD OF APPEALS and its members, JACK VULTAGGIO, CHAIRMAN, KEVIN MACKIE, JAMES RATHBUN, ELISABETH GARBER-MILLER, CLERK and PHILIP SHANNON.