Home RICHARD W. HOLMES and ELAINE M. HOLMES, v. GARY A. GUINEN, ROBERT P. JOSE, and JAMES J. FRANTES, as they are members of the Town of Freetown Zoning Board of Appeals, and ROBERT BUCKLEY.

MISC 13-480515

July 20, 2015

Bristol, ss.



Richard W. Holmes, Elaine M. Holmes, Timothy Levesque, and Rebecca Levesque filed their complaint on November 12, 2013 naming as defendants the members of the Town of Freetown Zoning Board of Appeals (ZBA) and Robert Buckley. The complaint is an appeal pursuant to G.L. c. 40A, § 17, of Findings and Decision of the ZBA dated October 21, 2013, granting a variance to Buckley (Decision). The claims of plaintiffs Timothy Levesque and Rebecca Levesque were dismissed with prejudice by a stipulation of dismissal filed May 12, 2014.

This case came on for trial by the court (Foster, J.), which, in a decision of even date, has made findings of fact and rulings of law.

In accordance with the court’s decision issued today, it is

ORDERED, ADJUDGED and DECLARED that the Decision is ANNULLED. It is further

ORDERED, ADJUDGED and DECLARED that this action is REMANDED to the ZBA for proceedings consistent with the court’s decision of even date.

By the Court.