Yaro v. Board of Appeals of Newburyport

The plaintiffs, four registered voters of the city of Newburyport, brought an action in the Superior Court seeking an invalidation of the defendant board’s decision on a petition for a special permit to build residential condominiums. They alleged that the board is a “governmental body” as that term is defined in G. L. c. 39, § 23A 2 (as amended through St. 1978, c. 372, § 9), and that in allowing the petition the board failed to comply with the provisions of the open meeting law, G. L. c. 39, § 23B (as amended through St. 1978, c. 372, §§ 10-12). The parties stipulated to the facts. The…