Franks v. Dirico

Plaintiff, Rosalie Franks (“Franks”), instituted this action pursuant to G.L.c. 40A, §17, appealing from a decision of the City of Taunton’s Zoning Board of Appeals (“Board”) that a building permit may be issued by the Building Commissioner to defendant, Marshfield Properties Trust (“Marshfield”), for the erection of a 460-foot radio tower. Franks and Marshfield have cross moved for summary judgment. Franks claims that Marshfield is not entitled to a building permit by virtue of changes in 1966 to the applicable zoning ordinance. Marshfield counters that the amendments do not apply because…