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.