JOSEPH BYLINSKI v. LARRY LENCH, as he is the BUILDING COMMISSIONER of the TOWN OF DOUGLAS, GUARANTEED BUILDERS & DEVELOPERS, INC., and LOUIS TUSINO.

Joseph Bylinski (Bylinski) filed his complaint in this action on August 21, 2009. On June 13, 2014, Bylinski's motion for summary judgment was denied and this action was dismissed. Bylinski appealed the dismissal to the Appeals Court on June 30, 2014, and the Appeals Court dismissed the appeal as moot on August 25, 2016. Tusino v. Zoning Bd. of Appeals of Douglas, 90 Mass. App. Ct. 89 (2016). On February 6, 2017, Bylinski filed a Motion to Vacate Order of Dismissal which was allowed on March 13, 2017. On April 3, 2017, Bylinski filed the Third Amended Complaint in this action. On May 26, 2017, Bylinski filed his Motion for Summary Judgment, Statement of Material Facts, Memorandum in Support of his Motion for Summary Judgment, and Appendix. On June 21, 2017, Larry Lench filed his Limited Opposition to Bylinski's Motion for Summary Judgment. On June 23, 2017, Guaranteed Builders & Developers, Inc. (GBI) and Louis Tusino (Tusino) filed their Memorandum in Opposition to Bylinski's Motion for Summary Judgment, Response to Plaintiff's Statement of Material Facts, and Appendix. On July 10, 2017, Bylinski filed his reply to the GBI and Tusino's opposition and the Affidavit of Carol Bylinski. In this action Bylinski seeks enforcement of a decision of the Zoning Board of Appeals of the Town of Douglas (ZBA), ordering that GBI and Tusino remove or demolish an illegally constructed dwelling situated on land which abuts property owned by Bylinski.

The Motion for Summary Judgment came to be heard on July 11, 2017. In a Memorandum and Order of even date, the court (Foster, J.) has allowed the Motion for Summary Judgment.

In accordance with the court's Memorandum and Order issued today, it is

ORDERED, ADJUGED and DECLARED that GBI and Tusino shall comply with the decision of the ZBA, dated November 19, 2014 (ZBA decision), requiring that the dwelling situated on the property located at 103 Shore Road, Douglas, Massachusetts (the Property) be demolished or removed. It is further

ORDERED, ADJUGED and DECLARED that in accordance with the ZBA decision, GBI and Tusino shall within 30 days of the entry of this judgment file for appropriate permits for the removal and/or demolition of the dwelling on the Property, and shall within 120 days complete such demolition and removal.

By the Court.