Heartz v. City of Concord

In these consolidated appeals, the petitioners, Joan Heartz, Bruce Calkins, and Robert V. Johnson, II, challenge two Superior Court (Fitzgerald, J.) orders concerning development of a proposed parking lot at 6614 North State Street in Concord. The petitioners argue that the superior court erred in dismissing their claims on jurisdictional grounds for failing to appeal to the Concord Zoning Board of Adjustment (ZBA) prior to their appeal to the superior court. Petitioner Johnson also appeals the superior court’s grant of summary judgment to the intervenor, Professional Realty Corporation…