Gallagher v. Board of Appeals of Falmouth

Four property owners in Falmouth appealed to the Superior Court under Gr. L. c. 40A, § 21, from the decision of the board of appeals sustaining the grant of a permit to Kinchla’s Inc. (Kinchla’s) to build a motel, and also from the action of the selectmen under § 21 of the zoning by-law 1 in giving advance approval of the grant. The judge, in his report of material facts, noted that defects in the notice of the selectmen’s hearing were indicative of lack of jurisdiction, but he decided the case on the substantive issue that the zoning by-law did not permit motels. The final decree annulled…