RICHARD P. DESANTIS and DIANE L. DESANTIS vs. TOWN OF MIDDLETON ZONING BOARD OF APPEALS, et al.

Plaintiffs Richard and Diane DeSantis filed this action in October 2018 pursuant to M.G.L. c. 40A, §17. They appealed a decision of defendant Middleton Zoning Board of Appeals (the "Board") dated September 28, 2018. That decision upheld an earlier decision of the Town of Middleton's building commissioner to deny the DeSantises a building permit for construction of a single-family home on the DeSantises' property at 58 South Main Street in Middleton, Massachusetts.

By agreement of the parties in February 2019, this Court remanded the matter back to the Board for further consideration of the DeSantises' building-permit application. By decision dated March 28, 2019, the Board upheld the building commissioner's denial of the DeSantises' application for a second time. In April 2019, this Court gave the DeSantises leave to amend their complaint so as to challenge the Board's March 28, 2019 decision.

In May 2019, the DeSantises moved for summary judgment as to all of their claims against the Board. The Board opposed the motion, and the parties appeared for argument on the motion in August 2019. For the reasons set forth in this Court's Decision issued this same date, the Court:

ORDERS, ADJUDGES and DECREES that judgment hereby enters in FAVOR of defendants Richard Nazzaro, Ann Tragert Cote, Nicholas A. Yebba, James E. Fox, Carolyn Damato-MacPherson, Anne LeBlanc-Snyder, and Craig Hartwell, as members of the Town of Middleton Zoning Board of Appeals (the "Board"), and AGAINST plaintiffs Richard P. and Diane L. DeSantis, on all counts of the DeSantises' Amended Complaint; and

ORDERS, ADJUDGES and DECREES that the Board's Findings and Decision - Appeal of Building Commissioner Decision Remand Hearing on Permit Application #1055, dated March 28, 2019 and filed with the Town Clerk of Middleton on April 3, 2019, is AFFIRMED.