Alexander C. Koines and Stephen J. Cmmmey (Koines and Cmmmey) filed their complaint in this action on December 24, 2015, and their amended complaint on March 9, 2015. 5, 2012 (Amended Complaint). The Amended Complaint is an appeal pursuant to G.L. c. 40A, § 17, of the defendant Cohasset Zoning Board of Appeals's (ZBA) December 10, 2014 decision denying Koines's and Crummey's appeal of a building permit issued to defendants John A. Shaw and Martha G.W. Shaw (the Shaws) for construction of a house on their property in Cohasset (the Decision). The Shaws filed the Counterclaim and Third-Party Complaint of Defendants Martha and John Shaw under M.G.L. c. 240, § 14A (Counterclaim) on April 1, 2015. The Shaws filed Defendants' Motion for Summary Judgment and Cmmmey filed the Third Party Defendants' Motion to Dismiss the Shaws' Counterclaim on May 15, 2015, and Kaines and Cmmmey filed their Cross-Motion for Summary Judgment on June 15, 2015.
The cross-motions for summary judgment and the motion to dismiss came on to be heard on June 30, 2015. In a Memorandum and Order of even date, the court (Foster, J.) has allowed the Defendants' Motion for Summary Judgment, denied Koines' and Crummey's Cross-Motion for Summary Judgment, and allowed the Third Party Defendants' Motion to Dismiss the Shaws' Counterclaim.
In accordance with the court's Memorandum and Order issued today, it is
ORDERED, ADJUDGED and DECLARED that the Decision of the ZBA was legally valid, had a substantial basis in fact, and was not arbitrary or capricious, and is hereby affirmed. It is further
ORDERED AND ADJUDGED that the Amended Complaint is DISMISSED with prejudice. It is further
ORDERED AND ADJUDGED that the Counterclaim complaint is DISMISSED without prejudice.
By the Court.
ALEXANDER C. KOINES and STEPHEN J. CRUMMEY v. S. WOODWORTH CHITTICK, CHARLES HIGGINSON, DAVID MCMORRIS, BENJAMIN H. LACEY, and JENNIFER R. SCHULTZ, as they are the members of THE COHASSET ZONING BOARD OF APPEALS, and JOHN A. SHAW and MARTHA G. W. SHAW.