In this action, Plaintiffs appealed, under G. L. c. 40A, § 17, a decision of the Dennis Zoning Board of Appeals, dismissing Plaintiffs appeal from a decision of the Building Commissioner which denied Plaintiffs request for enforcement relating to construction authorized by a building permit issued by the Commissioner to Defendant Michael J. Joyce, Trustee. Plaintiffs alleged that the Boards decision is in excess of the Boards authority. 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 from the issuance of the building permit.
Therefore, it is
ADJUDGED and ORDERED that Plaintiffs Appeal to this court under G. L. c. 40A, § 17, hereby is DISMISSED.
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.