PAUL GALLAGHER vs. TOWN OF NAHANT ZONING BOARD OF APPEALS, by and through its members JOCELYN CAMPBELL, PETER BARBA, DAVID WALSH, MAX KASPER, DAVID

This G.L. c. 40A appeal was commenced on February 5, 2020 by plaintiff Paul Gallagher ("Mr. Gallagher") against the Town of Nahant ("the Town") Zoning Board of Appeals ("the Board") - Jocelyn Campbell, Peter Barba, David Walsh, Max Kasper and David McCool - and Deirdre Pocase and Matthew Padulo as the owners of 2 Linda Lane, Nahant ("the Owners" and "the Property" respectively). In this action, Mr. Gallagher appeals from the denial of his request for enforcement of the Town's zoning bylaw by the local building inspector and the Board with respect to the alleged encroachment of retaining walls constructed on the Property onto surrounding streets. The Board's decision, dated January 8, 2020, was filed with the Town Clerk on January 16, 2020. On February 27, 2020, the Owners filed the Motion To Dismiss Of Defendants Deirdre Pocase And Matthew Padulo ("the Motion") and, on March 24, 2020, Mr. Gallagher filed his opposition thereto. In a memorandum of decision and order of even date, the court determined that Mr. Gallagher lacked standing to pursue this claim and ALLOWED the Motion.

In accordance with the court's memorandum of decision and order, it is hereby

ORDERED and ADJUDGED that this matter be dismissed pursuant to Mass. R. Civ. P. 12(b)(1), this court lacking subject matter jurisdiction over Mr. Gallagher's complaint.

It is further

ORDERED and ADJUDGED that this Judgment is a full adjudication of the parties' claims in this case, and all prayers for relief by any party to this action that are not granted in the preceding paragraph are denied.

SO ORDERED.