Posts tagged "zoning enforcement action"

Massachusetts Appeals Court Overturns Wind Turbine Zoning Ruling

In Drummey v. Town of Falmouth, the Massachusetts Appeals Court overturned a Superior Court ruling and held that the Town of Falmouth incorrectly failed to obtain a special use permit from the Falmouth zoning board of appeals in order to construct and install a wind turbine on town land. 87 Mass. App. Ct. 127 (2014).

In the Wake of 'Connors,' When Are Section 7 Zoning Appeals Viable?

Just about a year ago, in Connors v. Annino, 460 Mass. 790 (2011), the Supreme Judicial Court left no doubt that an abutter receiving "adequate notice" of issuance of a building permit must act fast (within thirty days of the issue date) to appeal the permit as violative of the local zoning code - and a zoning enforcement action brought pursuant to G.L. c. 40A, Sec. 7 will not be available to revive such a claim during the far longer six-year "repose" period set forth in that statute.

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