Joan Roth filed a complaint naming as defendants the members of the Town of Winthrop Zoning Board of Appeals (ZBA) on April 23, 2012, (the 462887 complaint), that was docketed as case no. 12 MISC 462887 (the 462887 action). The 462887 complaint is an appeal pursuant to G.L. c. 40A, § 17, of the ZBAs decision of April 5, 2012 denying Roths application for a special permit (the First Decision). On August 8, 2013, the court entered a preliminary injunction enjoining Roth from commercial use of her property. Roth filed a complaint naming as defendants the members of the ZBA on February 18, 2014, (the 481663 complaint), that was docketed as case no. 14 MISC 481663 (the 481663 action). The 481663 complaint is an appeal pursuant to G.L. c. 40A, § 17, of the ZBAs decision of January 29, 2014 denying Roths second application for a special permit (the Second Decision). At the case management conference on March 24, 2014, the court ordered the 462887 action and the 481663 action treated as companion cases. On September 10, 2014, the ZBA filed Defendants Complaint for Civil Contempt, alleging that Roth was in violation of the preliminary injunction (the civil contempt action).
The 462887 action, the 481663 action, and the civil contempt action all 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 courts decision issued today, it is
ORDERED, ADJUDGED and DECLARED that, in the 462887 action, the First Decision is AFFIRMED, and the 462887 complaint is DISMISSED with prejudice. It is further
ORDERED, ADJUDGED and DECLARED that, in the 481663 action, the Second Decision is ANNULLED. It is further
ORDERED, ADJUDGED and DECLARED that the 481663 action is REMANDED to the ZBA for proceedings consistent with the courts decision of even date. It is further
ORDERED and ADJUDGED that Defendants Complaint for Civil Contempt is DISMISSED with prejudice.
By the Court.
JOAN ROTH v. BRIAN J. BEATTIE, MICHAEL POWER, and FREDERICK M. GUTIERREZ, as they are Members of the TOWN OF WINTHROP ZONING BOARD OF APPEALS.