In this action, Michael W. Swartz appealed a decision of the Marblehead Zoning Board of Appeals (the "ZBA") filed with the Town Clerk of Marblehead on June 8, 2016. In that decision, the ZBA granted to Christopher F. Hawthorne and Nancy Hawthorne, Trustees, a special permit approving additions to a pre-existing nonconforming single-family dwelling at 18 Gregory Street in Marblehead. Swartz timely appealed the ZBA's decision to this Court under G.L. c. 40A, ยง 17.
In his original complaint, Mr. Swartz named as defendants the ZBA's members and the Hawthornes. On July 11, 2016, Christopher Church and Jennifer Gelfand-Church moved to substitute themselves in place of the Hawthornes, as the Churches had purchased 18 Gregory and had succeeded to the Hawthornes' interests in the challenged special permit. This Court allowed the Churches' motion.
The Court held a trial on Mr. Swartz's claims on January 11, 2018. With the assent of the ZBA, Swartz and the Churches were the only parties who participated in that trial. Counsel for Mr. Swartz and the Churches appeared for closing arguments on February 6, 2018. 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 Alan Lipkind, Christopher Casey, David Tubridy, Leon Drachman, and W. Lewis Barlow, IV, as members of the Marblehead Zoning Board of Appeals; Christopher Church; and Jennifer Gelfand-Church, and AGAINST plaintiff Michael W. Swartz.
B. Mr. Swartz's claims are DISMISSED, with prejudice.
SO ORDERED.
MICHAEL W. SWARTZ v. ALAN LIPKIND, CHRISTOPHER CASEY, DAVID TUBRIDY, LEON DRACHMAN, and W. LEWIS BARLOW, IV, as they are members of the Marblehead Zoning Board of Appeals; CHRISTOPHER CHURCH; and JENNIFER GELFAND-CHURCH.