Timothy Raesly and Brittany Dupont-Raesly (the Raeslys) filed their complaint in this action on October 12, 2018 (Complaint). The Raeslys' complaint has three counts. Count I is an appeal, pursuant to G.L. c. 40A, §17, of a September 10, 2018, decision (Decision) by the Town of Danvers Zoning Board of Appeals (ZBA) affirming the Town of Danvers Building Inspector's (Building Inspector) determination that the Raeslys are using the property known as 109 Hobart Street, Danvers, Massachusetts (property), for animal husbandry in the residential 1 zoning district in violation of the Town of Danvers Zoning Bylaw (animal husbandry bylaw). Count II seeks a declaratory judgment, and Count III is a claim for declaration under G.L. c. 240, §14A. The case management conference was held on December 10, 2018. On May 6, 2019, the Raeslys filed their Motion for Summary Judgment, and on May 28, 2019, ZBA filed Defendants' Opposition and Cross Motion for Summary Judgment.
The cross-motions for summary judgment came on to be heard on June 19, 2019. In a Memorandum and Order of even date, the court (Foster, J.) has denied the Raeslys' Motion for Summary Judgment and allowed the ZBA's Cross Motion for Summary Judgment.
In accordance with the court's Memorandum and Order issued today, it is
ORDERED, ADJUDGED and DECLARED that, under Count I of the Complaint, the Decision is affirmed. It is further
ORDERED, ADJUDGED and DECLARED that, under Counts II and III of the Complaint, the animal husbandry bylaw is not unreasonable as it has been applied by the Building Inspector to the property.
TIMOTHY RAESLY and BRITTANY DUPONT-RAESLY v. JOHN BOUGHNER, ROBERT CIGNETTI, REBECCA KILBORN, JEFFREY SAUER, KENNETH SCHOLES, KENNETH JARVINEN and CORRINE DOHERTY as they are the Members of the DANVERS ZONING BOARD OF APPEALS and the TOWN OF DANVERS