Devine v. Board of Health

The defendants, Board of Health of Westport and its agent (collectively board), appeal the allowance of summary judgment by a Superior Court judge, requiring the board to issue a septic system permit to the plaintiff, Theresa L. Devine as trustee of the Atlantic Ave. Realty Trust (trust), based on a constructive grant. Holding that the board had violated G. L. c. Ill, § 3IE, the judge interpreted that statute to require that a board of health not only vote on a permit application within the *129prescribed time period, but if the vote is a disapproval, also record the vote in a written decision,…