Brady v. City Council

The city council of Gloucester (council), acting as a special permit granting authority under G. L. c. 40A, § 17, denied the plaintiffs a special permit for the construction of a stone patio on property owned by the plaintiffs as tenants in common with more than twenty other individuals. A judge of *692the Superior Court upheld the council’s decision, ruling that it was legally tenable and reasonable for the council to deny the permit on “ownership” grounds after three of the cotenants objected to the project. The plaintiffs appeal, contending, in essence, that the council should not have…