Rubin v. Morrone

Agnes, Peter W., J.

Introduction

The plaintiffs, Mark and Brenda Rubin, filed a civil action against the defendant3 Zoning Board of Appeals of the Ciiy of Worcester (“Board”) under G.L.c. 40A, §17 to challenge the grant of a variance to permit an existing basketball hoop on their neighbor’s property. The Board approved a variance from the required setback from the front yard and from the side yard to permit the existing placement of the basketball hoop. The Board has filed a motion to dismiss in which it maintains that this court has no jurisdiction to proceed because the plaintiffs did not…