Hutner v. Cape Codder Condominium Board of Trustees

This case is closely related to Bernstein v. Chief Bldg. Inspector & Bldg. Commr. of Falmouth, ante 422 (2001). Frederick Bernstein and two other unit owners of the “Cape Codder” brought this related action in the Superior Court to block the construction of the final phase of the Cape Codder condominium complex in Falmouth. Their complaint, stripped of detail, alleges that the vote of the unit holders to extend the time prescribed in the master deed for completion of the final phase was a nullity. A discrete issue is whether the Falmouth conservation commission improvidentially granted a…