Hinchliffe v. Koning

This is an action seeking an order of mandamus. The plaintiff, Deborah Skauen Hinchliffe, initially sought an order from this court directing the defendant, Robert J. Koning, the Building Commissioner for the town of Carlisle, to revoke a Special Permit granted to Dr. Peter L. Morey (“Morey”) by the Board of Appeals of the Town of Carlisle (the “Board”). The plaintiff now concedes that such an order is not permissible.1 Instead, she has moved for summary judgment pursuant to Mass.R.Civ.P. 56 on her prayer for an order that the defendant comply with section 8.1 of the Town’s By-Laws.2 For the…