Daniel v. B & J Realty

Memorandum Opinion

Thayer, J.

The plaintiffs appeal from an order of the Superior Court (M. Flynn, J.) granting defendant B & J Realty’s motion for *175summary judgment in an appeal by plaintiffs from the Henniker Zoning Board of Adjustment’s (ZBA) decision denying their appeal. The ZBA had allowed the plaintiffs to file an appeal, beyond the period provided for in the zoning board rules, from the Henniker Board of Selectmen’s approval of B & J Realty’s application for a building permit. In its motion for summary judgment, B & J Realty argued that the plaintiffs’ appeal was not timely filed and…