Commissioner of Code Inspection v. Worcester Dynamy, Inc.

The commissioner of code inspection of the city of Worcester brought this action seeking to enjoin Worcester Dynamy, Inc. (Dynamy), from operating an off-campus dormitory at 17 Hamden Street in Worcester. Under the city’s zoning ordinance, a lodging housé or dormitory may be operated in the residential district in which 17 Hamden Street is located only if a special permit is obtained from the board of appeals.1 Dynamy did not seek or procure such a permit. A judge of the Superior Court, after hearing, found that the “use of the premises is residential in nature and is subject to local zoning…