MICHAEL CRONAN v. MATTHEW FITTON, et al., as they are members of the Zoning Board of Appeals of the Town of Webster; RICHARD VINTON, and MADELINE VINTON

Plaintiff Michael Cronan filed this action in March 2018, pursuant to M.G.L. c. 40A, §17. He sought review of a decision by the defendant members of the Zoning Board of Appeals of the Town of Webster, filed with the Town Clerk of Webster on March 12, 2018 (the "ZBA Decision"). Part of the ZBA Decision upheld a September 27, 2017 decision by the Town of Webster's building inspector to refuse to take zoning enforcement action against defendant Richard Vinton and a garage he had built on his property at 16 Robinson Street in Webster, Massachusetts.

In May 2018, the Court allowed Mr. Cronan to amend his complaint, to add 16 Robinson Street's co-owner, Madeline Vinton, as a party defendant. The Webster ZBA thereafter answered the complaint. The Vintons for their part moved to dismiss the complaint under Rule 12(b)(9), Mass. R. Civ. P. The Court denied that motion in June 2018. In early 2019, the Webster ZBA moved to dismiss Cronan's complaint for lack of jurisdiction. The Vintons moved for summary judgment, essentially on the same issue. The Court denied both motions in April 2019.

The parties thereafter appeared in this Court for trial on October 1 and 2, 2019. For the reasons set forth in the Court's Findings of Fact and Conclusions of Law issued this same day, the Court:

1. ORDERS, ADJUDGES, and DECREES that judgment hereby enters in FAVOR of plaintiff Michael Cronan, and AGAINST the defendant members of the Zoning Board of Appeals of the Town of Webster (the "Webster ZBA") and defendants Richard and Madeline Vinton, on Mr. Cronan's complaint in this action;

2. ORDERS, ADJUDGES, and DECREES that section D3 of the decision of the Webster ZBA, filed with the Webster Town Clerk on March 12, 2018, is hereby VACATED, and the case is REMANDED to the Webster ZBA for further proceedings in accordance with this Court's Findings of Fact and Conclusions of Law;

3. ORDERS, ADJUDGES, and DECREES that this Court shall retain jurisdiction over this matter to the extent that any of the parties to this proceeding wishes to seek (a) further relief consistent with this Judgment or (b) review of the Webster ZBA's actions on remand; and

4. ORDERS the Webster ZBA to report to the Court within 45 days of this Judgment as to when it can commence lawful proceedings in accordance with numbered paragraph (2) of this Judgment.

SO ORDERED.