Green v. Board of Appeals of Provincetown

The underlying issue in this case is whether, as ruled by a judge of the Superior Court, the defendant Wyman & Wyman of Provincetown, Inc. (W & W), is required by § 1260 of the Provincetown zoning by-law to have a special permit in order to operate a Burger King franchise in premises used until 1986 by a restaurant known as Cicero’s.3 Of broader concern, however, is a question of standing: whether the plaintiffs, who would lack standing to appeal if such a special permit were granted, have standing to insist that the special permit requirement be enforced. Since the adoption of the new Zoning…