Chiuccariello v. Building Commissioner

This is a land use case in which abutters challenge a variance on the ground that they did not receive written notice of the hearing on the variance application as required by the zoning enabling act for Boston.3 A judge of the Superior Court ruled that the plaintiff-abutters failed to appeal the variance in a timely manner and that they were not entitled to relief in the nature of mandamus.4 We conclude: 1) that relief in the nature of mandamus was available; 2) that although there was no evidence of written notice to the abutters there was nonetheless actual knowledge; 3) that the abutters…