DiGiovanni v. Board of Appeals of Rockport

The board of appeals of Rockport (board) appeals from the judgment of the District Court (denominated “Findings of the Court”) annulling the board’s decision that partially denied DiGiovanni’s petition for a variance. 3 The board also contests the order of a District Court judge purporting to reinstate DiGiovanni’s building permits. In the District Court, DiGiovanni successfully argued that a petition he submitted to the board on February 12, 1982, was constructively granted because the board did not act upon it within the statutory time limit. The judge also accepted his alternative argument…