In this action, brought pursuant to G. L. c. 40A, § 17, Plaintiff appeals a decision of the Zoning Board of Appeals of the City of Peabody (Board) upholding the refusal of the Peabody Building Inspector to order Samga to remove a fence it erected between Plaintiffs and Samgas commercial properties. Plaintiff initiated this action on January 24, 2007, by filing a one-count complaint alleging that the Boards decision was arbitrary, capricious, and legally untenable.
A decision of todays date has issued, upholding the Boards decision. In accordance with the courts decision, it is hereby
ADJUDGED and ORDERED that Plaintiffs Complaint hereby is DISMISSED.
By the court (Scheier, C. J.)
MOUNT PLEASANT REALTY TRUST, EDWIN QUINN, TRUSTEE v. BRIAN BARRETT, FRANCES GALLUGI, NICHOLAS G. SPANEAS, PETER A. MARCAURELLE, PAUL D. RUOCCO, as they are members of the ZONING BOARD OF APPEALS OF THE CITY OF PEABODY and SAMGA CORPORATION