Lemon Law Attorney
District Court/Boston Municipal Court Appellate Division Case Summaries: November 14, 2005.
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Where a plaintiff, having paid $21,174 for two building permits issued by the defendant town of Northbridge, filed suit to recover the alleged difference between the permit fees charged and the “reasonable cost of issuing” the permits, an order dismissing the complaint must be affirmed based on the plaintiff’s failure to seek any available local, administrative or judicial determination of his grievance. “Given the absence of any administrative review of the Town’s permit decisions and fee schedules, the Town correctly argues that Knott is effectively seeking a determination of his rights under G.L.c. 40, Sect. 22F and that his complaint must thus be considered one for declaratory relief. … At the time this action was commenced, the District Court had no declaratory judgment jurisdiction.” Knott v. Town of Northbridge (Lawyers Weekly No. 13-046-05) (8 pages) (Brennan, J.) (Appellate Division, Western District) Appealed from a decision by Losapio, J., in Uxbridge District Court. Henry T. Dunker for the plaintiff; David J. Doneski for the defendant (App. Div. No. 04-WAD-019) (Nov. 2, 2005) Source : accessmylibrary.com |
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