Plaintiff Michael A. Smith, as executor of under the will of Judith A. Smith, filed this action in May 2018. Executor Smith claimed that the defendant members of the West Tisbury Zoning Board of Appeals (the "Board"), by way of a decision filed with West Tisbury's Town Clerk on April 19, 2018, improperly upheld the decision of the defendant West Tisbury Building Inspector to deny the Executor a building permit for 52 Longview Road in West Tisbury (Assessors Map 7, Lot 69). The Executor sought review of the Board's decision pursuant to G.L. c. 40A, § 17.
The Executor and the Board appeared for trial on November 28, 2018. For the reasons set forth in this Court's Findings of Fact and Conclusions of Law, issued this day, the Court:
ORDERS, ADJUDGES and DECREES that judgment shall hereby enter in FAVOR of Michael A. Smith, as executor under the will of Judith A. Smith (the "Executor"), and AGAINST the defendant members of the West Tisbury Zoning Board of Appeals (the "Board") and the defendant West Tisbury Building Inspector on Count I of the Executor's Complaint;
ORDERS, ADJUDGES and DECREES that the Board's decision on the Petition of the Estate of Judith A. Smith, filed with the Town Clerk of West Tisbury on April 19, 2018, is ANNULLED; and
ORDERS, ADJUDGES and DECREES that this matter is hereby REMANDED to the Board for proceedings consistent with the Court's Findings of Fact and Conclusions of Law. This Court retains jurisdiction over any subsequent proceedings under G.L. c. 40A, § 17 that involve Lot 69 and solely the parties to this action.
SO ORDERED.
MICHAEL A. SMITH, Executor under the will of Judith A. Smith v. NANCY M. COLE, ANTHONY HIGGINS, JR., LAWRENCE SCHUBERT, and JULIUS LOWE, as they are Members of the West Tisbury Zoning Board of Appeals; and JOSEPH K. TIERNEY, JR., as he is the Building Inspector of the Town of West Tisbury.