Norwin Wolff, Patti Wolff, Kelly L. Newell, Edward J. Newell IV, James Reich, Ellen A. OConnor, Carlos G. Peña, and Maureen Peña filed their complaint on April 18, 2014, naming as defendants the Town of Marshfield Zoning Board of Appeals (ZBA), the members of the ZBA, and private defendants Mary Jenkins, Sally Jenkins, Karen McArdle, Carl G. Emilson and David P. Emilson. On June 20, 2014, the plaintiffs filed a notice of dismissal for defendants Karen McArdle, Carl G. Emilson, and David P. Emilson, and moved for leave to file an Amended Complaint to add as plaintiffs James F. Reich, Ellen A. OConnor, Carlos G. Peña, and Maureen Peña, and to add Lyle Jenkins as a defendant, which was allowed on July 8, 2014. The complaint as amended is an appeal from the ZBA's March 25, 2014, decision denying the application of Mary Jenkins, Sally Jenkins, and Lyle Jenkins for a variance and granting them a special permit under Section 10.12 of the Town of Marshfield Zoning Bylaw for the use of a pre-existing nonconforming lot . . . to construct a 30 x 40 barn to house horses and store feed and to install a fence on property owned by them (the Decision).
The Plaintiffs Motion for Summary Judgment and the Private Defendants Cross Motion for Summary Judgment came on to be heard, and the court (Foster, J.), in a memorandum and order of even date, has allowed the Plaintiffs Motion for Summary Judgment and denied the Private Defendants Cross-Motion for Summary Judgment.
In accordance with the courts memorandum and order issued today, it is
ORDERED, ADJUDGED, AND DECLARED that the Decision is ANNULLED.
By the Court.
NORWIN WOLFF, PATTI C. WOLFF, KELLY L. NEWELL, EDWARD J. NEWELL IV, JAMES REICH, ELLEN A. O'CONNOR, CARLOS G. PENA, and MAUREEN PENA, v. TOWN OF MARSHFIELD ZONING BOARD OF APPEALS, MICHAEL P. HARRINGTON, JOSEPH E. KELLEHER, ARTHUR VERCOLLONE, PAUL YOUNKER, JONATHAN RUSSELL and KEVIN McMAHON as they are the members of the Town of Marshfield Zoning Board of Appeals, and MARY JENKINS, SALLY JENKINS, and LYLE JENKINS.