Thomas Ruble Building Inspector and Zoning Enforcement Officer of the TOWN OF ROCKLAND and TOWN OF ROCKLAND v. KEVIN R. McGEE Individually and as Trustee of the UNION STREET REALTY TRUST.

The Town of Rockland and Thomas Ruble, in his capacity as Building Inspector and Zoning Enforcement Officer of the Town of Rockland filed their Verified Complaint June 19, 2015. The Answer of Kevin R. McGee (McGee) Individually and as Trustee of The Union Street Realty Trust was filed on July 14, 2017. The action was stayed between October 20, 2015 and February 12, 2016. The Plaintiffs' Motion for Leave to Amend Complaint was filed on June 23, 2016. The Defendant's Opposition to Plaintiffs Motion to Amend their Verified Complaint was filed on July 26, 2017. At a hearing on July 27, 2016, the Plaintiffs' Motion for Leave to Amend the Complaint was allowed, and the Amended Complaint was deemed filed. The Defendants' Answer to First Amended Complaint and Counterclaims was filed on November 4, 2016. The Defendants' Amended Answer to the Plaintiffs' Amended Complaint was filed on January 25, 2017.

The pre-trial conference was held on August 2, 2017. The court took a view on October 25, 2017. A trial was held on October 26 and 27, 2017. Exhibits 1-21 were marked, and the court heard testimony from Edward F. Kimball, Allan Chiocca, Thomas Ruble, Tezel Cagdas, and Kevin R. McGee. The transcript of the trial was filed on December 7, 2017. The Plaintiffs' Post- Trial Memorandum and Defendant Kevin McGee's Post-Trial Brief were filed on January 12, 2018. The court heard closing arguments on January 26, 2018, and took the case under advisement. The transcript of closing arguments was filed on February 12, 2018. In a Decision of even date, the court (Foster, J.) has made findings of fact and rulings of law.

In accordance with the court's Decision issued today, it is

ORDERED, ADJUDGED, and DECLARED that McGee has abandoned and no longer retains any rights that he had under special permits issued by the Town of Rockland Zoning Board of Appeals, in decisions dated August 20, 1997 (1997 Special Permit), and February 9, 2000 (the 2000 Special Permit), to use property he owns located at 511 Union Street, Rockland, Massachusetts (the Property), for the sale of used cars. It is further

ORDERED, ADJUDGED, and DECLARED that as McGee has abandoned the use of the Property for the sale of used cars, the conditions contained within the 1997 Special Permit and the 2000 Special Permit are no longer valid or enforceable. It is further

ORDERED, ADJUDGED, and DECLARED that McGee's current use of the Property for car and truck repair is a lawful nonconforming use that has not been changed, altered, or extended within the meaning of the Town of Brockton Zoning Bylaws or G.L. c. 40A, § 6. It is further

ORDERED, ADJUDGED, and DECLARED that the allegation in the Verified Complaint—later abandoned in the Amended Complaint—that McGee was no longer allowed to repair and service vehicles, while insubstantial, was not advanced in bad faith and McGee is not entitled to costs or attorneys' fees associated with defending against it under G.L. c. 231, § 6F.

By the Court