HEATHER PETERS and TODD PETERS v. ERNIE OLIVEIRA, PETER CHECKOWAY, LINDA SLOWE, ELISA ZAWADZKAS, and RICH ZINNER, as they are members of the DENNIS ZONING BOARD OF APPEALS and BRIAN FLORENCE, as he is the DENNIS BUILDING COMMISSIONER, and MICHAEL J. JOYCE, TRUSTEE OF THE 30 HIGHLAND ROAD NOMINEE TRUST.

In this action, Plaintiffs appealed, pursuant to G. L. c. 40A, §. 17, a decision of the Dennis Zoning Board of Appeals dismissing Plaintiffs’ appeal challenging a “decision” of the Building Commissioner declining Plaintiffs’ request for enforcement against Defendant Joyce. The matter came to be heard on cross-motions for summary judgment, under Mass. R. Civ. P. 56.

This court today has issued a decision granting summary judgment in Defendants’ favor on the ground that Plaintiffs failed to file a timely appeal under G. L. c. 40A, §§ 8 and 15, and as a result, the board had no jurisdiction to hear the appeal. Therefore, it is

ADJUDGED and ORDERED that Plaintiffs’ Appeal to this court under G. L. c. 40A, § 17, hereby is DISMISSED.