Konover Management Corp. v. Planning Board

The plaintiffs (“Konover”) brought an action in the Land Court, pursuant to G. L. c. 40A, § 17, seeking review of the denial by the Auburn planning board (board) of Konover’s application for a special permit to develop a shopping mall on land Konover owns in Auburn. The trial judge dismissed the action on the ground that notice of Konover’s appeal was not properly given to the town clerk as *320required by § 17.2 Konover contends that the uncontroverted facts demonstrated that he had adequately satisfied § 17’s notice requirements. We agree and reverse.

Konover has been attempting to obtain…