GUARANTEED BUILDERS, INC. v. DANIEL HENEY, PAMELA HOLMES, and SEAN HOLLAND, as they constitute the Zoning Board of Appeals of the Town of Douglas AND JOSEPH BYLINSKI, Intervenor

Guaranteed Builders, Inc. (Guaranteed) filed its complaint in this action on July 5, 2012. Guaranteed’s complaint is an appeal pursuant to G.L. c. 40A, § 17, of the defendant Zoning Board of Appeals of the Town of Douglas’s (ZBA) June 6, 2012 decision denying Guaranteed’s application for a variance on the property at 103 Shore Road, Douglas, Massachusetts (the Decision). The Motion of Joseph Bylinski to Intervene was allowed on August 2, 2012. Intervenor Bylinski filed his Motion for Summary Judgment on November 5, 2012. On November 30, 2012, counsel for the ZBA filed a letter stating, in part, that the “Board supports any judgment by this Court which upholds the Board’s denial of the Variance at issue in this matter. Nonetheless, the Board does not intend to file a brief or other papers supporting Mr. Bylinski’s Motion.”

This Motion for Summary Judgment came on to be heard on December 18, 2012. In a decision of even date, the court (Foster, J.) has allowed the Motion for Summary Judgment.

In accordance with the court’s decision issued today, it is

ORDERED, ADJUDGED and DECLARED that the Decision of the ZBA was legally valid, had a substantial basis in fact, and was not arbitrary or capricious. It is further

ORDERED AND ADJUDGED that plaintiff’s complaint is DISMISSED with prejudice.

By the Court. (Foster, J).