Homstead v. Town of Whately

A majority of the panel are of opinion that the Probate Court lacked jurisdiction over the subject matter of the present action (one ostensibly brought under G. L. c. 231A) because the board of appeals, in its decision rendered under G. L. c. 40A, §§ 13 and 15(1), as in effect prior to St. 1975, c. 808, § 3, expressly determined that the way in question “is not a public way” and because the plaintiffs’ exclusive remedy with respect to that determination was a timely appeal to the proper District Court or to the Superior Court under G. L. c. 40A, § 21, as also in effect prior to St. 1975, c.…