Norman C. Zuk and Gregory K. Zuk filed their complaint, pursuant to G.L. c. 40A, ยง 17, on December 23, 2016, appealing a decision of the Town of Danvers Board of Appeals dated November 28, 2016 (Decision). The plaintiffs filed an Amended Complaint on January 23, 2017, and a Second Amended Complaint on February 15, 2017. On June 9, 2017, the court allowed a motion to substitute Andrew N. Zuk, Personal representative of the Estate of Norman C. Zuk for plaintiffs Norman C. Zuk and Gregory K. Zuk. Brentwood Property, LLC's Answer to Plaintiff's Second Amended Complaint was filed on June 26, 2017.
On October 17, 2017, the defendants Brentwood Property, LLC and the Members of the Town of Danvers Board of Appeals filed their Motion for Summary Judgment. On October 19, 2017, the Plaintiff filed his Motion for Summary Judgment Pursuant to Rule 56.
The cross-motions for summary judgment came to be heard on December 8, 2017. In a Memorandum and Order of even date, the court (Foster, J.) has allowed the Defendants' Motion for Summary Judgment and denied the Plaintiff's Motion for Summary Judgment Pursuant to Rule 56.
In accordance with the court's Memorandum and order issued today, it is
ORDERED, ADJUDGED, and DECLARED that the Decision is AFFIRMED. It is further
ORDERED and ADJUDGED that the Second Amended Complaint is DISMISSED with prejudice.
By the Court
ANDREW N. ZUK, Personal Representative of the Estate of Norman C. Zuk, v. ROBERT A. PAIRSEAU, ROBERT CIGNETTI, REBECCA KILBORN, JOHN BOUGHNER, and JEFFREY SAUER, as they are members of the TOWN OF DANVERS BOARD OF APPEALS, and BRENTWOOD PROPERTY, LLC.