Matthew McIntyre, Christine McIntyre, Joseph Murphy, Jane Murphy, and Martine D. Murphy filed the complaint in this action on January 30, 2014. The plaintiffs complaint is an appeal pursuant to G.L. c. 40A, § 17, G.L. c. 231A, and G.L. c. 249, § 5, of a decision of the defendant Town of Braintree Zoning Board of Appeals denying their appeal of a building permit issued by the defendant Town of Braintree Building Inspector to defendants Mento Enterprises, Inc. and JJM Myrtle Street Corporation.
The Defendants Joint Motion to Dismiss and the Plaintiffs Cross-Motion for Summary Judgment came on to be heard on May 13, 2014. In a Memorandum and Order on Defendants Joint Motion to Dismiss and Plaintiffs Cross-Motion for Summary Judgment of even date (Memorandum and Order), the court (Foster, J.) has allowed the Joint Motion to Dismiss and denied the Plaintiffs Cross-Motion for Summary Judgment.
In accordance with the courts Memorandum and Order issued today, it is
ORDERED and ADJUDGED that the complaint in this action is hereby DISMISSED WITHOUT PREJUDICE.
By the Court
MATTHEW MCINTYRE, CHRISTINE MCINTYRE, JOSEPH MURPHY, JANE MURPHY and MARTINE D. MURPHY v. STEPHEN KARLL, MICHAEL CALDER, MICHAEL FORD, RICHARD MCDONOUGH, as they are the Members of the ZONING BOARD OF APPEALS OF THE TOWN OF BRAINTREE, MENTO ENTERPRISES, INC., JJM MYRTLE STREET CORPORATION, And RUSSELL FORSBERG, as he is the BUILDING INSPECTOR/CODE COMPLIANCE OFFICER FOR THE TOWN OF BRAINTREE and the TOWN OF BRAINTREE.