Burke v. Bldg. Inspector of Town of Dennis

On appeal the plaintiff Timothy Burke, trustee of the TVB Trust, challenges orders (1) denying his third motion to amend his complaint, and (2) granting summary judgment in favor of the town of Dennis and its building inspector4 on the ground that Burke had not demonstrated the existence of an actual controversy and, thus, that the Superior Court lacked subject matter jurisdiction under G. L. c. 231A, § 1.5 We affirm.

Background. Burke filed the original action on October 5, 2012.6 He was permitted to amend his complaint to add the town and its building inspector as defendants (town…