Appeals Court: BRIAN HICKEY vs. ZBA OF DENNIS

KeywordsZoning, Notice, Appeal, Board of appeals: decision. Practice, Civil, Zoning appeal, Summary judgment. Notice.

Today the Appeals Court held that actual knowledge by an assistant town clerk that a zoning appeal complaint had been filed in court satisfied the statutory requirement for the appellant to file a copy of the complaint with the town clerk within 20 days of the ZBA’s decision. Excerpt: “Section 17 of the Zoning Act, G. L. c. 40A, sets out the procedural requirements for a person aggrieved by a decision of a zoning board of appeals or special permit granting authority to seek judicial review “by bringing an action within twenty days after the decision has been filed in the office of the town clerk,” and further specifies that “[n]otice of the action with a copy of the complaint shall be given to such city or town clerk so as to be received within such twenty days.”  A judge of the Land Court allowed the defendant’s motion for summary judgment, dismissing the plaintiffs’ complaint, on the ground that the plaintiffs did not timely give the required notice to the town clerk.  Because the undisputed facts in the summary judgment record establish that the town’s assistant clerk had actual knowledge of the plaintiffs’ complaint within the required time, we reverse the judgment.”  Click here for the full text of the Appeals Court’s decision.

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