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Article: Neighbors had right to contest legality of building permit. (Procedural Issues).(Massachusetts Appeals Court)(Brief Article)
- Article from:
- Land Use Law Report
- Article date:
- September 25, 2002
CopyrightCOPYRIGHT 2002 Eli Research, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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An adjoining landowner was entitled to attack the validity of a building permit issued for a substandard lot, the Massachusetts Appeals Court has ruled (Fitch v. Board of Appeals of Concord, No. 00-P-1711, Sept. 6, 2002). The court said the lower court erred in ruling her complaint was premature because no construction had begun under the building permit.
Bessie Cavanagh lives in a house on Main Street in Concord. The lot has 67.8 feet of frontage, and is a lawful nonconforming use because it was in existence before the town enacted a by-law requiring residential lots to have a minimum frontage of 80 feet. Behind the lot is a vacant lot, fronting on Central ...