PRESTI MANAGEMENT CORPORATION, General Partner of the PRESTI FAMILY LIMITED PARTNERSHIP v. EDMUND C. TARNUZZER, JR., CHARLES BARNEY, WILLIAM BYRON, BRUCE FLETCHER, MARK JONES, ANDREW DEMORE, RUTH KENNEDY SUDDUTH, LEE HERON, as they constitute the STOW ZONING BOARD OF APPEALS, and KATHLEEN FISHER

This action commenced on January 3, 2018, as an appeal pursuant to G. L. c. 40A, §17, of a decision of the Town of Stow Zoning Board of Appeals (the "Board"). On April 11, 2019, by Order of Assignment from the Chief Justice of the Trial Court, Justice Howard P. Speicher of the Land Court Department was authorized and assigned to sit as a Justice of the Superior Court Department to hear and determine this action. The case came on for hearing before the court on the plaintiff's motion to dismiss or in the alternative for summary judgment (Speicher, J.). In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the court's decision, it is

ORDERED and ADJUDGED on the sole count of the Complaint, that the Board was without jurisdiction to make its decision filed with the town clerk on December 20, 2017, regarding property at 84-92 Great Road in Stow, and accordingly, the decision is hereby ANNULLED in its entirety, and it is further

ORDERED and ADJUDGED that the decision of the Stow building commissioner dated May 26, 2017 is reinstated in its entirety as the operative decision applicable to the subject property at 84-92 Great Road, and it is further

ORDERED that today's decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense.