ROBERT D. TALMO v. PHILIP R. OTTAVIANI, JR., et. al., as They Are Members of the FRAMINGHAM ZONING BOARD OF APPEALS; and CARLETON J. BUCKLEY and HEIDI PIHL-BUCKLEY.
SPEICHER, J.
This action commenced on March 9, 2011, as an appeal pursuant to G. L. c. 40A, §17, of a decision of the Town of Framingham Zoning Board of Appeals (the Board), and as an action for declaratory judgment pursuant to G. L. c. 231A. The case came on for trial by the court (Speicher, J.) on December 8, 2015. In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the courts decision, it is
ORDERED and ADJUDGED that the plaintiff Robert D. Talmo is not a person aggrieved within the meaning of G. L. c. 40A, §17, that this court is accordingly without subject matter jurisdiction to hear plaintiffs appeal pursuant to G. L. c. 40A, §17, and Count I of the First Amended Complaint, asserting an appeal pursuant to G. L. c. 40A, §17, is DISMISSED, and it is further
ORDERED and ADJUDGED that Count II of the First Amended Complaint, asserting a claim pursuant to G. L. c. 231A, is DISMISSED, and it is further
ORDERED that todays 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