This action, filed pursuant to G. L. c. 40A, §17, came on to be heard by the court (Speicher, J.) on the plaintiffs motion for summary judgment and the defendants cross-motion for summary judgment. In a decision of even date, the court has made rulings of law and ordered the entry of summary judgment. In accordance with the courts decision, it is
ORDERED and ADJUDGED that the motion for summary judgment of the plaintiffs Falmouth Auto Center, Inc., and Joann Souza, Trustee Of The Reine Children Trust No. 1, is DENIED, and the cross-motion for summary judgment of the defendants, as they are the members of the Falmouth Zoning Board of Appeals, is ALLOWED, and it is further
ORDERED and ADJUDGED that the decision of the Falmouth Zoning Board of Appeals filed with the Falmouth Town Clerk on February 1, 2011, is hereby AFFIRMED, and it is further
ORDERED that no costs, fees, damages or other amounts are awarded to any party.
By the Court
FALMOUTH AUTO CENTER, INC., and JOANN SOUZA, TRUSTEE OF THE REINE CHILDREN TRUST NO. 1, v. MATTHEW MCNAMARA, DENNIS MURPHY, PATRICIA A. FAVULLI, RONALD ERICKSON, KENNETH FOREMAN, MICHAEL FREEMAN, and PATRICIA JOHNSON, as They Are Members of the FALMOUTH ZONING BOARD OF APPEALS.