Planning and Zoning Appeals: January 2013 Archives

For Large Project Permitting Appeals, No Removal From Land Court's Permit Session to Housing Court

In a decision handed down just last week, the Appeals Court ruled that a large project permitting appeal filed in the Land Court's six-year-old permit session cannot be removed to the Housing Court, since the Housing Court lacks jurisdiction over such matters. In Buccaneer Development, Inc. v. Zoning Board of Appeals of Lenox, Appeals Ct. No. 1-P-1159, the Appeals Court vacated a Housing Court judgment upholding the Town of Lenox's denial of a special permit for construction of a twenty-three home retirement community, and remanded the matter to the Land Court for a new trial.

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