Hadley v. Casper

INTRODUCTION

The plaintiffs bring this appeal under G.L.c. 40A, §17 (Count I) challenging a decision by the Andover Zoning Board of Appeals (“ZBA”) to grant, extend and toll the use of a variance; and under G.L.c. 231A, §§1 and 2 (Count II) to declare the variance defective on its face because it was granted in violation of G.L.c. 40A, §10. This variance was granted in conjunction with three Special Permits and an Order of Conditions to the defendants, Louis P. Minicucci, Jr. and Thomas D. Laudani as Trustees of Northpoint Realty Trust (“trustees”). The trustees move to dismiss under…