STONA J. FITCH and ANN W. FITCH v. ROBERT C. SEPUCHA, JR., JOHN P. BRADY, and STUART T. FREELAND, as members of THE BOARD OF APPEALS OF THE TOWN OF CONCORD; and FCI INVESTORS, INC.

In this action, Stona J. Fitch, Ann W. Fitch and Edward J. Pappas appealed a decision of the Concord Board of Appeals. That decision upheld the Concord Building Commissioner's issuance of a building permit to FCI Investors, Inc., for construction of a new seven-room house with a two-car garage. The Fitches and Mr. Pappas timely appealed the Board's decision to this Court under G.L. c. 40A, § 17.

On December 27, 2016, Mr. Pappas and the defendants filed a stipulation of dismissal as to his claims. The parties subsequently filed motions and cross-motions for summary judgment. Those motions resolved some issues in the case, but genuine disputes of material fact prevented the Court from resolving the Fitches' claims (one way or the other) on the merits. The Court thus ordered the parties in May 2017 to proceed to trial.

The Court held a trial on October 17 and 18, 2017. They also appeared for closing arguments on December 18, 2017. In accordance with this Court's Findings of Fact and Rulings of Law this same date, in light of the facts found after trial and the arguments of counsel, this Court

ORDERS, ADJUDGES and DECREES that:

A. Judgment is hereby entered in FAVOR of defendants Robert C. Sepucha, Jr., John P. Brady, and Stuart T. Freeland, as members of the Board of Appeals of the Town of Concord, and FCI Investors, Inc., and AGAINST Stona J. Fitch and Ann W. Fitch.

B. The Fitches' claims are DISMISSED, with prejudice.

C. The December 2015 Decision of the Board of Appeals to deny the Fitches' appeal of the Concord Building Commissioner's grant to FCI Investors, Inc. of a building permit for a property located on Parcel 2582 on Central Street in Concord, Massachusetts (the "Decision") was not unreasonable, capricious, or arbitrary; and was not based on legally untenable grounds.

D. The Decision is AFFIRMED.

SO ORDERED.