Town of Gay Head v. Stutz

The impetus for this case is the Gay Head Selectmen’s November 22, 1993 reconstitution of the Gay Head Zoning Board of Appeals (“the Board”). As reconstituted, the Board did not include three long-time members. Here and in Federal Court, the three claim that their absence from the reconstituted Board stems from the Selectmen’s disagreement with conditions the three had imposed on their approval of an application for a comprehensive permit filed by a local housing authority under G.L. c. 40C, §23.

After the events of November 22, the three former Board members commenced an action in the United…