Posts tagged "1110716"

Tusino v. Zoning Board of Appeals of Douglas, et al. (and a companion case) (Lawyers Weekly No. 11-107-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   15-P-1400                                       Appeals Court 14-P-1193   LOUIS C. TUSINO  vs.  ZONING BOARD OF APPEALS OF DOUGLAS & another[1] (and a companion case[2]).     Nos. 15-P-1400 & 14-P-1193.   Worcester.     June 3, 2016. – August 25, 2016.   Present:  Vuono, Wolohojian, & Blake, JJ.     Jurisdiction, Zoning.  District Court, Jurisdiction, Appellate Division.  Zoning, Appeal.  Appeals Court, Jurisdiction.  Practice, Civil, Zoning appeal, Appellate Division:  appeal, Action in nature of mandamus, Moot case.  Mandamus.  Moot Question.       Civil action commenced in the Uxbridge Division of the District Court Department on December 8, 2014.   The case was heard by David B. Locke, J., on a motion for summary judgment.   Civil action commenced in the Land Court Department on August 21, 2009.   The case was heard by Robert B. Foster, J., on a motion for summary judgment.     Gerald E. Shugrue for Louis C. Tusino. Henry J. Lane for Joseph Bylinski. Michael J. Kennefick for building commissioner of the town of Douglas, & another.     WOLOHOJIAN, J.  These two cases arise out of the construction of a house on a nonconforming lot in Douglas.  The dispositive issue on appeal is whether we have jurisdiction over a direct appeal from a decision of the Uxbridge District Court in a zoning appeal under G. L. c. 40A, § 17.  Concluding that we do not, we dismiss Tusino v. Zoning Board of Appeals of Douglas, 2015-P-1400 (zoning appeal).  Because our disposition of this case renders moot Bylinski v. Guaranteed Builders, Inc., 14-P-1193 (mandamus appeal), we dismiss it as well. On July 8, 2008, Tusino obtained a building permit to build a house on a lot he owns in Douglas.  Construction began in February, 2009, and Bylinski, who owns the adjacent property, immediately thereafter asked the building commissioner to revoke the permit.  The commissioner denied that request, and Bylinski appealed to the zoning board (board).  The appeal was constructively allowed, and the building permit was revoked.  On appeal, the Superior Court affirmed the revocation of the permit.  Tusino did not further appeal, and the Superior Court’s decision became final. Tusino thereafter applied to the board for a variance.  This too was denied.  He appealed the denial to the Land Court, which entered summary judgment against him.  On February 21, 2014, in a memorandum and order issued pursuant to our rule 1:28, we affirmed the […]

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Posted by Massachusetts Legal Resources - August 25, 2016 at 6:15 pm

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