Lobisser Building Corp. v. Planning Board of Bellingham

The plaintiffs in this case, Lobisser Building Corp. (Lobisser) and Crystal Springs Condominium Association, Inc. (association), filed a complaint in the Land Court appealing *124from a decision of the planning board of Bellingham (board) denying their application for a modification of a special permit and for development plan approval. The plaintiffs asserted that the board’s decision that the special permit had lapsed and that the issue of ownership of development rights was unresolved were in excess of the board’s authority. A judge in the Land Court entered summary judgment in part for the…