Plaintiff Robert J. Hudson, Jr., as Trustee of Revocable Living Trust Agreement of Robert J. Hudson, Jr. ("Trustee Hudson," as distinct from Mr. Hudson personally), filed this action in June 2017 pursuant to G.L. c. 40A, § 17. Trustee Hudson claimed that defendant Falmouth Zoning Board of Appeals (the "Board") improperly issued a decision in its Appeal No. 132-16, filed with Falmouth's Town Clerk on May 24, 2017. The Board ordered Falmouth's building commissioner to direct Trustee Hudson to remove from his Falmouth property (a) a 10' x 37' stone wall, (b) a pergola erected atop the wall, (c) a raised patio and kitchen, and (d) a landing and stairs leading to the second floor of Trustee Hudson's house. The Board also directed the commissioner to order the Trustee to bring his property "into Compliance with Section 240-69 A. of the Code of Falmouth [the 'Code']."
Trustee Hudson named in his suit the members of the Board and Newport Exchange Corp. Newport owned a property that abutted Trustee Hudson's property. Newport held the property temporarily on behalf of its former owner, Andrew Reale. Mr. Reale had directed Newport to file in November 2016 a zoning-enforcement request that eventually culminated in the Board's action against Trustee Hudson.
In September 2017, the Court allowed Mr. Reale's motion to substitute himself for Newport as a party defendant. In early 2018, Trustee Hudson and Mr. Reale filed cross-motions for summary judgment. The Court denied the motions and set the case for trial. In November 2018, the Court allowed the motion of Denise M. Hudson and Mr. Hudson, as co-trustees of two separate trusts (the Denise M. Hudson Revocable Trust and the Robert J. Hudson, Jr. Revocable Trust), to substitute themselves for Trustee Hudson as party plaintiffs.
The parties appeared for trial on December 14 and 17, 2018. In accordance with the Decision issued this day, the Court
ORDERS, ADJUDGES and DECREES that judgment is hereby entered in FAVOR of Denise M. Hudson and Robert J. Hudson, Jr., as trustees of the Denise M. Hudson Revocable Trust and the Robert J. Hudson, Jr. Revocable Trust, and AGAINST the Falmouth Zoning Board of Appeals (the "Board") and Andrew Reale; and
ORDERS, ADJUDGES and DECREES that the Board lacked jurisdiction under G.L. c. 40A, §§ 8 and 15 to hear Newport Exchange Corp.'s December 22, 2016 petition in Appeal No. 132-16; and
ORDERS, ADJUDGES and DECREES that the Board's decision in Appeal No. 132-16, filed with the Falmouth Town Clerk on May 24, 2017, is hereby ANNULLED.
SO ORDERED.
DENISE M. HUDSON and ROBERT J. HUDSON, JR., as Trustees of the Denise M. Hudson Revocable Trust, et al., v. KIMBERLY BIELAN, KENNETH FOREMAN, TERRANCE HURRIE, EDWARD VAN KEUREN, PAUL MURPHY, GERALD POTAMIS, and ROBERT B. DUGAN, as Members of the Falmouth Zoning Board of Appeals; and ANDREW REALE.