This action commenced in the Superior Court for Barnstable County on April 26, 2017, as a complaint seeking enforcement of zoning pursuant to G. L. c. 40A, § 7, and was transferred to the Land Court pursuant to G. L. c. 211B, § 9 on July 11, 2017. By a decision issued this day, the court (Speicher, J.) has ordered the dismissal of the complaint by allowance of the defendant Benjamin E. Zehnder, Trustees motion to dismiss filed pursuant to Rules 12(b)(6) and 12(c), Mass. R. Civ. P.
Therefore, it is
ORDERED and ADJUDGED that the Complaint is hereby DISMISSED in its entirety, and it is further
ORDERED that this Judgment, issued pursuant to the court's above-referenced decision, disposes of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense, and it is further
ORDERED that no costs, fees, damages or other amounts are awarded to any party.
By the Court
JOANNE BARKAN, NATHALIE M. FERRIER, JON R. FRIEDMAN, DEBORAH SMULIAN-SIEGEL, VICKY A. TOMAYKO, and JOHN A. VAN KIRK v. NICHOLAS L. BROWN, JOHN R. DUNDAS, ARTHUR F. HULTIN JR., BERTRAM PERKEL, JOHN THORNLEY, and FREDERICK W. TODD, as they are Members of the TOWN OF TRURO ZONING BOARD OF APPEALS, and BENJAMIN E. ZEHNDER, TRUSTEE OF STEPHENS WAY NOMINEE TRUST 1.