Gamsey v. Building Inspector of Chatham

The plaintiff owns a resort motel in Chatham which he intends to convert to condominium units. 2 After the building inspector and town counsel informed him that § 5.97 3 of the zoning by-law of Chatham requires a special permit to effect such a conversion, the plaintiff, without applying for a special permit, brought this action under G. L. c. 240, § 14A, and under G. L. c. 231A seeking a declaration that the by-law provision was invalid. 4 *A judge of the Land Court held, contrary to the town’s contentions, that the plaintiff was not required to exhaust his administrative remedies before…