Ginsberg v. Cambridge Affordable Housing Corp.

Fremont-Smith, Thayer, J.

Plaintiffs move by motion for summary judgment for an order annulling the decision of the Cambridge Zoning Board of Appeals (“ZBA”) which granted a comprehensive permit to Cambridge Affordable Housing Corp for an affordable housing complex, on the ground that the ZBA’s decision was “legally untenable” or “unreasonable, whimsical, capricious or arbitrary” and thus was in violation of M.G.L.c. 40B. Plaintiffs contend that because the permit effectively authorized a building contractor to trespass on plaintiffs’ property in order to erect the building, it should be…