Security Mills Ltd. Partnership v. Board of Appeals

The plaintiff owns a 147,000 square foot parcel of land in the city of Newton. On November 2, 1987, the board of aldermen of Newton (aldermen) approved the plaintiff’s site plan and request for a special, permit for the demolition of existing structures and the construction of an *563eighty-four .unit multi-family housing development on that land. On November 24, 1987, after the expiration of the appeal period without an appeal having been taken, the city clerk issued a notice of the special permit. The special permit contained specified conditions including the following: “That this Special…