Marhefka v. Zoning Board of Appeals of Sutton

A Land Court judge, on cross motions for summary judgment, determined that the plaintiffs Robert and Linda Mar-hefka lacked standing to contest, on a complaint pursuant to G. L. c. 40A, § 17, the grant of a variance by the zoning board of appeals (board) of the town of Sutton (town) to Roseanne LaBarre and John Scott (defendants). 3 The judge ruled that the injury claimed by the plaintiffs, some loss of view of an adjacent pond, was an insufficient basis for standing because views are not a protected interest under the local zoning by-law. 4 We conclude that the plaintiffs did assert a…