This action, filed in this court May 2, 2014, is a judicial appeal, pursuant to G.L. c. 40A, §17, from a decision rendered by the Zoning Board of Appeals of the Town of Tisbury (Board), whose members are defendants.
In that decision (Decision), filed with the Tisbury Town Clerk on April 18, 2014, the Board, on administrative appeal (Case No. 2175), upheld the decision of the Tisbury Zoning Enforcement Officer, who had declined the request, presented by plaintiff William A. Bruno, Trustee, for enforcement of the Towns zoning bylaws as to property at 25 Goethals Way, owned by the defendants, Samuel Goethals and Mary Goethals, Trustees.
The case came on to be heard on cross-motions for summary judgment. In a decision of even date, the court (Piper, J.) has DENIED Plaintiffs Motion for Summary Judgment, and GRANTED the Goethals Defendants Cross Motion for Summary Judgment.
It is
ORDERED and ADJUDGED that the Boards Decision, upholding the determination of the Commissioner declining to enforce the zoning bylaws of the Town is, for the reasons given in the courts decision, UPHELD. The result reached in the Boards Decision was not arbitrary or capricious, was not contrary to law, did not exceed the Boards authority, and is AFFIRMED. It is further
ORDERED and ADJUDGED that no further relief, and no costs, fees, damages, awards or other sums, are awarded to any party.
By the Court.
WILLIAM A. BRUNO and LYNNE BRUNO, Trustees fo the W.A.B. REALTY TRUST and L.B. REALTY TRUST v. JEFFREY KRISTAL, ANTHONY HOLAND, SUSAN FAIRBANKS, MICHAEL CIANCIO, NEAL STILLER, FRANK PICCIONE, and JOHN GUADAGNO, as they are Members of the TOWN OF TISBURY ZONING BOARD OF APPEALS; and SAMUEL GOETHALS and MARY GOETHALS, as they are Trustees of the GOETHALS FAMILY TRUST.