Fitzgerald v. Cambridge Rent Control Board

I. BACKGROUND

This is an action in which plaintiff, Benedict F. Fitzgerald, Jr., (“Fitzgerald”), Trustee of the Tara Ware Street Trust, seeks review of, and declaratory relief concerning, a ruling of the defendant, Cambridge Rent Control Board (“Board”), denying his application for an Initial Removal Permit (“Permit”) and granting to him instead a Conditional Removal Permit. Review is sought pursuant to St. 1976, c. 36, §10 as amended by St. 1985, c. 399 and pursuant to G.L.c. 30A, §14.

Plaintiff alleges, in essence, that the Board took improper administrative notice of Board findings in an…