Rosenfeld v. Board of Health of Chilmark

The plaintiffs, buyer and seller under a purchase and sale agreement of a parcel of oceanfront land on Martha’s Vineyard, were denied a sewage disposal permit by the board of health of Chilmark (board). More than a year later, the plaintiffs filed a complaint seeking, among other things, declaratory relief and alleging constitutional violations by the board. The board moved to dismiss the complaint on the ground that the complaint was not timely filed. Their motion was allowed, and the plaintiffs appeal from the ensuing judgment.

The thrust of the board’s argument is that, contrary to the…