Burke v. Bldg. Inspector of Town of Dennis

The plaintiff, Timothy Burke, trustee of the TVB Trust (trust), appeals from a Superior Court judgment entered after the allowance of the defendants' motion for judgment on the pleadings. We affirm.

Background. In 2016, Burke sued the town of Dennis (town) and the town's building inspector,4 seeking (1) a declaratory judgment that the lot known as 23 Uncle Bill's Way (property) is buildable; (2) a determination that the property is buildable due to selective enforcement of the local bylaw in violation of the trust's and its beneficiaries' equal protection rights under the Massachusetts…