Terrell Halewijn (Halewijn) filed his complaint in this action on December 28, 2018. Halewijn's complaint is an appeal pursuant to G.L. c. 40A, ยง 17, of the defendant Town of Falmouth Zoning Board of Appeals' (Board) December 10, 2018 (decision) reversing the Falmouth Building Commissioner's denial of an enforcement request with respect to Halewijn's property 34 Oakwood Avenue, Falmouth, Massachusetts (the Decision).
This case was tried on September 10, 2019. The Argument of your Plaintiff, Terrell Halewijn, was filed on November 12, 2019. The Private Defendants' Post-Trial Memorandum was filed on November 21, 2019. The court heard closing argument on December 3, 2019, and
took the matter under advisement. In a decision of even date, the court (Foster, J.) has made findings of fact and rulings of law.
In accordance with the court's Decision issued today, it is
ORDERED, ADJUDGED and DECLARED that the Decision is hereby AFFIRMED. It is further
ORDERED AND ADJUDGED that plaintiff's complaint is DISMISSED with prejudice.
TERRELL HALEWIJN, plaintiff v. TERRENCE J. HURRIE, KENNETH H. FOREMAN, EDWARD VAN KEUREN, PAUL MURPHY, GERALD POTAMIS, and ROBERT DUGAN, in their capacities as Members of the TOWN OF FALMOUTH ZONING BOARD OF APPELAS, municipal defendants and LATITUDE 41 NORTH, LLC, private defendant