Clark & Clark Hotel Corp. v. Building Inspector of Falmouth

The facts present a garden variety zoning dispute between the owner and the operator of the Sheraton Inn in Falmouth (plaintiffs) and the zoning enforcement officer (defendant building inspector) of the town. The difficulty arises because of uncertainty as to the proper forum in light of Banquer Realty Co. v. Acting Bldg. Commr. of Boston, 389 Mass. 565 (1983).

The defendant appeals from a judgment declaring that the plaintiffs’ use of the meeting hall in their motel for certain *207intermittent sales is not precluded by the town’s zoning by-law.2 The plaintiffs had leased their hall to a company…