Diane C. Tillotson, Hemenway & Barnes, and Daniel P. Dain, Dain/Torpy, will discuss the judicial decisions in the ten years following Gallivan v. Zoning Bd. of Appeals of Wellesley, 71 Mass. App. Ct. 850 (2008) at the 2018 REBA Annual Meeting & Conference on November 5, 2018.
About the Session
In Gallivan, the Appeals Court interpreted the relevant provisions of G. L. c. 40A, §§ 7 & 8 to bar an abutter’s challenge to a building permit, where the abutter had notice of the application for the building permit and an appeal to the local zoning board of appeals was not filed within 30 days of the issuance of the permit. A subsequent enforcement action is not available to such an abutter. The Supreme Judicial Court confirmed this rule in Connors v. Annino, and there have been many trial and appellate-level decisions since Gallivan applying its holding to different fact patterns. The discussion will address the Gallivan rule itself, the reasoning behind the rule, subsequent decisions and what remains undecided ten years after the Appeals Court first handed down the Gallivan decision in 2008.
Register here for the 2018 REBA Annual Meeting & Conference.