Bingham v. City Council

The plaintiff in this case, waiting until the last possible moment of the last possible day, failed by fifteen minutes to file in the city clerk’s office a notice of appeal of the grant of a special permit as required by G. L. c. 40A, § 17.3 We *567affirm the decision of the Worcester Housing Court granting the defendants’ motion for summary judgment and dismissing the plaintiff’s appeal. Harsh as it may seem, the circumstances in this case do not come within the “wiggle room” created by any decided case. We decline to enlarge that space any further.

Background. In January, 1999, the defendants,…