Opinion

Chiara v. Zoning Board of Appeals

  • 2 Mass. App. Ct. 796
  • 307 N.E.2d 599
  • 1974 Mass. App. LEXIS 730
Court
Massachusetts Appeals Court
Filed
Mar 4, 1974
Status
Published
Cited by
0 cases
Authority
More cited than 10.8%

The opinion

The plaintiff’s bill of exceptions and appeal challenge an order for judgment dismissing his petition for a writ of mandamus, brought to compel the defendant to file with the city clerk, pursuant to G. L. c. 40A, § 18, as amended through St. 1971, c. 1018, the record of its proceedings and the reasons for its decision *797 denying the plaintiff’s application for a variance. The defendant represents that the matter has become moot, as it filed the record of proceedings and reasons for its decision on September 10, 1971. A copy of that filing, certified by the city clerk, has been furnished to us by the defendant. The plaintiff concedes that the record and decision have in fact been filed. The order for judgment is to be modified to require entry of judgment in the form, “The subject matter of the petition having become moot, the petition is dismissed,” and as so modified is affirmed. See Selectmen of Lakeville v. Alcoholic Beverage Control Commn. 329 Mass. 769 (1953).

Jean C. Campopiano for the plaintiff.

Americo J. Fusco, Town Counsel, for the Zoning Board of Appeals of Methuen.

So ordered.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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