Tausevich v. Board of Appeals of Stoughton

In this case we conclude that determinations made on a partial summary judgment in an earlier action between the parties are not entitled to collateral estoppel or issue preclusion effect. We do so because the earlier action, in which an apparently substantial issue remained undecided, was terminated by a stipulation of dismissal without prejudice and because the partial summary judgment never was expressed in an appealable judgment or order.

Since 1978 the plaintiffs have owned property in Stoughton that is used for professional and business offices. Use of the premises for such offices…