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are not properly permitted for use at the subject the building setback line for the property of the co- n a cul de sac at 12 property in accordance with G.L. c. 148 and the defendant located Circle and the ZBA s affirmation of that determination. proY pursuant thereto. On March $egulations promulgated The case a dispute 16,2012,the Court issued a Temporary Injunction location of then`building liner shown interpretation of the the final the defendant to (1) comply with the Marc ordering roved plan for the subject property.This case was 14,2012 Cease and Desist Order issued by the Town of app P Y diately cease and desist dismissed by the Plaintiff on April 25,2012. Mashpee Fire Chief; (2) imine and/or spraying all vehicle refinishing, aintinldentified as 593 Main Street, Trustees of the Pheasant Run Condominium Trust ; operations at the property v Susan Palermo et al.(Town of Mashneel Mashpee,Barnstable County,Massachusetts; and (3) Falmouth District Court No.201289-CV-0388 immediately discontinue and cease any use and storage This is an action brought by the organization of of any flammable materials which have not been Premises by the unit owners of a condominium against the unit owner permfor use and storage at the itted for unpaid common expenses. This matter has been Fire Chief. That order currently remains in effect. h resolved and a Stipulation of Dismissal was filed Upon further violation of the Courts Order, the 1/3/2012. Defendant was found in contempt of Court after a trial in July 2012, whereupon, sanctions were imposed Zammito.et al.v. mandating payment of the Town's fees and costs.The Mash ee Board of Selectmen et al. parties are currently discussing the possibility of Barnstable Superior Court C.A. settling this matter. No.BACV2012-00009 This case is an appeal in the nature of certiorari, MEZRe�lty Inc v Board of Health Suffolk Superior Court C.A.No. 10-935 pursuant to G.L. c. 249, §4, of a decision by the This is an appeal pursuant to G.L.c.30A, §14 of Mashpee Board of Selectmen approving a shellfish aquaculture license application filed by Richard J. an administrative decision by the Board of Health to adapt Manufactured Home Community RegulationsCook,Jr. The Complaint was filed on March 20,2012. . The parties filed Cross-Motions for Judgment on the The parties filed Motions for Judgment on the pleadings based on the Administrative record. After a Pleadings and oral argument was held on those Motions hearing on December 13,2012,Judgment in this action on January 17,2011.The Court issued its decision on was entered by the Court in favor of the defendants, July 5, 2011. The Board of Health prevailedaffirming the propriety of the aquaculture license issued substantively with respect to MEZ's challenge of the by the Selectmen. The Plaintiffs filed a Notice of validity of the Regulations; they remain in full force Appeal from the Court's Order on 2/1/2013. and effect,as adopted. In addition, the Court denied al a Conservat ion u Mash MEZ's claim that rt was singled out and denied eq Zammito et al V.Ma protection of the laws by the Board's enforcement a �:c�•�r T_['ook..Ir. " mmi5sioii aru�- actions. The only issue upon which judgment was Barnstable Superior Court C.A. issued in MEZ's favor was its procedural challenge to No.BACV2012-00492 the Board's orders determining that MEZ violated the This is an appeal in the nature of certiorari, Regulations and the Sanitary Code. Accordingly, thepursuant to G.L. c.249, §4,of an Order of Conditions Court set aside the violations and remanded the matter issued by the Mashpee Conservation Commission back to the Board for establishment of written findings approving a Notice of Intent filed by Richard J.Cook, of fact in support of its determination that MEZ Jr., for a 1.99-acre shellfish aquaculture facility in violated the BOH Regulations and the Sanitary Code popponesset Bay. This is also an action for a compliant with §11(8).The fines imposed upon MEZ declaratory judgment pursuant to G.L.c.231 regarding were,likewise,set aside until such findings are issued. the propriety of the Commission's decision to approve The ma Notice of Intent. The Town filed the matter remains pending before the Board. the said R Administrative record with the Court on 1-2-13. The n v.Zoning Board of Appeals arties are currently briefing their respective Motions WP et r f Buildings and Marsolais or Judgment on the Pleadings for filing and hearing Land Court Case No.11 Misc.446055 before the Court. This is an appeal by an abutter pursuant to G.L.c. 40A,§17 of the Building Inspector's determination of 167