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• <br />• <br />• <br />Commonwealth of Massachusetts <br />County of Barnstable <br />The Superior Court <br />Thomas Choate, <br />Patrick J Dempsey <br />vs <br />Town of Mashpee Zoning <br />Anthony Shuman, <br />Dorothy Kagan, <br />Old Seabury Realty LLC <br />CIVIL DOCKET# BACV2003-00422 <br />Board of Appeals, <br />JUDGMENT AFTER RESCRIPT <br />0 <br />z <br />N <br />NO <br />Z <br />This action was appealed to the Appeals Court for the Commonwealth the <br />issues having been duly heard and the Appeals Court having duly issued a rescript, <br />JUDGMENT after rescript: The judgment of dismissal is reversed and the matter <br />having been remanded to the Superior Court for the entry of a judgment for the <br />plaintiffs: <br />It is ORDERED and ADJUDGED: <br />that the decision of the Mashpee Zoning Board of Appeals was arbitrary <br />and capricious, exceeded its authority, and therefore the grant of <br />variances are hereby vacated; and <br />2. that the Clerk of Court shall, within thirty days after entry of this judgment <br />send attested copies thereof to the Board of Appeals, the Building <br />Inspector, and the Clerk of the town of Mashpee <br />Dated at Barnstable, Massachusetts this 17th day of April, 2007. <br />Scott W. Nickerson, <br />Clerk of the Courts <br />BXy-.. ?................... <br />First Assistant Clerk <br />Copies mailed 04/17/2007 / <br />cvaiva=esc. t"d 523962 juaiesci mellozll A true copy, AttO� <br />1, dA4' % Clerk <br />