Dial Away Co. v. Zoning Board of Appeals

The question before us is whether, under the Auburn zoning by-law, an undersized lot retains its protected character as a buildable lot twenty-three years after a nonconforming dwelling on the lot was razed. The building inspector of the town and the defendant board of appeals said no. On the plaintiff’s appeal, pursuant to G. L. c. 40A, § 17, a judge in the Superior Court, on cross motions for summary judgment, ordered the defendants to issue a building permit and annulled the decision of the board of appeals denying the plaintiff a permit. We reverse.

Many of the facts are not in dispute. In…