Bermant v. Board of Selectmen of Belchertown

We are asked to consider whether a claim for declaratory relief, G. L. c. 231 A, § 1, is available as an alternative to a civil action in the nature of certiorari, G. L. c. 249, § 4, to a party aggrieved by a discretionary decision of a local licensing authority. The defendant Walter Henry, Jr. (Henry), was issued a license b y the defendant board of selectmen of Belchertown (board) for the underground storage of petroleum products on a parcel of land located on Sargent Street (property) in Belchertown (town). The plaintiffs, abutters of the property, filed *401a complaint in three counts…