The plaintiffs Patrick Gavin, Caitlin Gavin-Day, Sean Day, Jenna Goldstein, Jennifer DiRico, William Moore, Timothy Dwyer, Lisa Obey, Cameron Snyder, and Piotr Lazowski filed their complaint in this action on September 25, 2012, seeking to reverse the decision of the defendant Town of Kingston Zoning Board of Appeals (ZBA) that upheld the decision of the Towns zoning enforcement officer to deny the plaintiffs request for enforcement of the Towns Zoning By-Laws with regard to issuance of a building permit to defendants No Fossil Fuels, LLC and Mary ODonnell and Keon C. ODonnell, trustees of the ODonnell Family Trust (ODonnell). On October 16, 2012, ODonnell filed her Answer and Counterclaim and Defendant ODonnells Motion to Dismiss Plaintiffs Appeal (Motion to Dismiss); the ZBA joined the Motion to Dismiss on November 15, 2012. ODonnells counterclaim was dismissed by consent of the parties on November 26, 2012. On January 16, 2013, the court issued its Order Denying Defendants Motion to Dismiss and Setting Down the Action for Further Proceedings (Order).
The court took a view on March 27, 2013, and held an evidentiary hearing on March 28 and March 29, 2013. In a Memorandum, Findings, and Order of even date, the court (Foster, J.) has allowed the Motion to Dismiss and ordered the complaint dismissed with prejudice for lack of subject matter jurisdiction.
In accordance with the courts Memorandum, Findings, and Order issued today, it is
ORDERED AND ADJUDGED that plaintiffs complaint is DISMISSED with prejudice.
ORDERED AND ADJUDGED that defendant ODonnells counterclaim is DISMISSED without prejudice.
PATRICK GAVIN, CAITLIN GAVIN-DAY, SEAN DAY, JENNA GOLDSTEIN, JENNIFER DIRICO, WILLIAM MOORE, TIMOTHY DWYER, LISA OBEY, CAMERON SNYDER, and PIOTR LAZOWSKI v. JOHN L. HAAS, DAVID M. ROSE, GEORGE H. BOERGER, PAUL B. DAHLEN, CARL L. PIKE, R. LINDSAY WILSON II, and PHILIP A. RICARDI, as they are members of the KINGSTON ZONING BOARD OF APPEALS, TOWN OF KINGSTON, NO FOSSIL FUELS, LLC, and MARY O'DONNELL and KEON C. O'DONNELL, trustees of the O'Donnell Family Realty Trust.