S. Kemble Fischer Realty Trust v. Board of Appeals

Following denial by the board of appeals of Concord (the board) of a special permit to fill land in a flood plain zone, the plaintiff sought review in the Superior Court under G. L. c. 40A, § 21, as amended through St. 1974, c. 78, § l. In that proceeding the plaintiff was also unsuccessful.

1. On appeal before us the plaintiff attacks adverse findings of the trial judge on the ground that they are inconsistent with facts contained in responses by the board to a request for admissions pursuant to Mass.R.Civ.P. 36(a), 365 Mass. 795 (1974). This raises a threshold procedural question because, so…