Connors, Jr. v. Annino

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The issue raised by this appeal concerned the threshold administrative remedy or remedies available under the Zoning Act, G.L.c. 40A, to one who was aggrieved by the issuance of a building permit to another person. The court held that where an aggrieved party had adequate notice of the building permit's issuance, he or she was required to appeal the appropriate zoning board of appeals within thirty days of the permit's issue date. In such circumstances, a later appeal to the board from a denial of a request for enforcement was not an available alternative remedy. Accordingly, the court agreed with the Land Court judge that because plaintiffs, who had adequate notice that the challenged building permits had issued to their neighbor, did not file an appeal with the zoning board of appeals within 30 days of issuance, the board, and thereafter the Land Court, lacked jurisdiction to hear plaintiffs' appeal. Accordingly, the judgment of dismissal was affirmed. View "Connors, Jr. v. Annino" on Justia Law