This action commenced in this court on January 26, 2013. It is an appeal pursuant to G.L. c. 40A, § 17 of a decision [Note 1] of the Rockland Zoning Board of Appeals whose members are defendants. On March 29, 2013, the municipal defendants filed a counterclaim for enforcement pursuant to G.L. c. 40A, § 7.
This case came on to be heard by the court (Piper, J.) March 19, 2013 on cross motions for summary judgment. On that date, the court laid upon the record from the bench certain rulings of law, and directed further briefing. Having received the supplemental filings of the parties, the court has now rendered its rulings in a written decision of even date.
In accordance with the courts rulings on summary judgment and the decision issued this day, it is
ORDERED that summary judgment is GRANTED in favor of the Defendants/Plaintiffsin-Counterclaim. It is further
ORDERED and ADJUDGED that the decision of the Rockland Zoning Board of Appeals filed with the Rockland Town Clerk on January 17, 2013 is not arbitrary, capricious, contrary to law or otherwise entitled to be modified or overturned. The decision of the Board is AFFIRMED, and shall stand as issued. It is further
ORDERED that the Board and the Building Inspector and Zoning Enforcement Officer for the Town of Rockland are to take all appropriate action in light of the courts Decision and this Judgment.
[Note 1] The challenged decision was filed with the Town Clerk on January 17, 2012.