Brennan v. Board of Appeals

This is an action in the Superior Court whereby the plaintiff challenges the decision of the defendant board upholding the refusal of the local building inspector to certify her property for use as a seasonal condominium colony. See G. L. c. 40A, § 17, as most recently amended by St. 1978, c. 478, § 32. The case has been argued on the footing that the relief sought by the plaintiff had been constructively granted by the board under the fifth paragraph of G. L. c. 40A, § 15 (as appearing in St. 1975, c. 808, § 3). In the circumstances presented here, there was no error.

The trial judge ruled…