COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
LAND COURT DEPARTMENT
KAREN L. MAGUIRE and STEVEN E. NOTHERN v. TOWN OF SCITUATE ZONING BOARD OF APPEALS, whose members are PETER B. MORIN, BRIAN B. SULLIVAN, SARA J. TRAVESE, EDWARD C. TIBBETS, and JOHN HALLIN; DAVID J. HENRY and EVELYN V. HENRY.
MISC 11-454177
Plymouth, ss.
November 20, 2015
SPEICHER, J.
JUDGMENT
This action commenced on October 4, 2011, as an appeal pursuant to G. L. c. 40A, §17, of a decision of the Town of Scituate Zoning Board of Appeals (the “Board”). The case came on for trial by the court (Speicher, J.). In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the court’s decision, it is
ORDERED and ADJUDGED that the decision of the Board regarding property at 8 Gannett Road, Scituate, filed with the town clerk on September 14, 2011, was based on a legally untenable ground and exceeded the Board’s authority, and it is further
ORDERED and ADJUDGED that the decision of the Board regarding property at 8 Gannett Road, Scituate, filed with the town clerk on September 14, 2011, is hereby ANNULLED, and it is further
ORDERED that today’s decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense, and it is further
ORDERED that no costs, fees, damages or other amounts are awarded to any party.
By the Court