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York Ford, Inc. v. Building Inspector and Zoning Administrator of Saugus

38 Mass.App.Ct. 938 (1995)

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York Ford, Inc. v. Building Inspector and Zoning Administrator of Saugus

Massachusetts Appeals Court

38 Mass.App.Ct. 938 (1995)

Facts

York Ford Inc. (plaintiff) had been parking cars in parking lot A-112, a residentially zoned lot in Saugus, Massachusetts, for 30 years. York filed an application with the board of zoning and building appeals for a special permit to extend the parking area farther into Lot A-112 and to replace an existing building with a new building. After a hearing in September 1992, the board denied York’s application on two grounds: (1) the existing parking area in lot A-112 was illegal because it was for a commercial purpose and not a residential one; and (2) expanding the parking area would be detrimental to the neighborhood. Four months later, after the time to appeal the board’s denial had expired, the Building Inspector and Zoning Administrator of Saugus (the inspector) (defendant) issued a zoning-enforcement order instructing York to remove all of its vehicles from Lot A-112 altogether because they were illegally parked in a residential lot. York appealed to the board, but the board did not hold a hearing, reasoning that the board had previously found that York’s parking cars on Lot A-112 was illegal. York appealed that decision and also filed a complaint seeking a declaratory judgment that its appeal did not repeat the September 1992 hearing. The lower court dismissed the complaint for a declaratory judgment, and York appealed.

Rule of Law

Issue

Holding and Reasoning (Couchow, J.)

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