Casner & Edwards

Success enforcing building permit in land court.

Christopher Maffucci of the firm's litigation department recently obtained judgment in the Land Court for the owner of an oceanfront property. A neighbor had sued to block the client from completing construction of a two story boathouse alleging that the municipality had erroneously issued a variance, a modified special permit and a building permit. In 2002, the client obtained a building permit to construct the boathouse near the neighbor’s property line. The boathouse was to be located slightly over ten feet from the neighbor’s property line, but less than the fifteen feet required by the zoning regulations. After the building inspector erroneously issued the building permit, construction commenced. The neighbor formerly notified the town of his objection to the permit, but it was only after the client had completed the boathouse’s foundation and framing, that a Stop Work Order was issued. The neighbor filed a complaint in the Land Court seeking to have the variance, the modified special permit and the building permit vacated and, ultimately, to have the client’s boathouse torn down

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