The Massachusetts Supreme Judicial Court recently answered an important zoning question in their decision in Connors v. Annino, 460 Mass. 790 (2011).  In reaching its opinion in Connors, the SJC confirmed the 2008 Appeals Court decision in Gallivan v. Zoning Board of Appeals of Wellesley, 17 Mass. App. Ct. 859 (2008), that an aggrieved party has thirty days from the issuance of a building permit to file an administrative appeal, if the aggrieved party received adequate notice of the issuance of the permit.    

In Connors, on September 15, 2008, the building inspector issued two building permits to Annino. While the building department did not provide Connors with notice of the permits, on September 25th, Connors learned the permits had issued. Prior to the issuance of the permits, Connors had sent a letter to the building commissioner opposing Annino's building permit application. The building commissioner responded to Connors' letter on September 29th. On October 20, 2008, thirty-five days after the building permits had issued, but less than thirty days from when the building commissioner responded to Connors' letter, Connors filed a petition of appeal. The Zoning Board of Appeals dismissed Connors' appeal noting that Connors "failed to bring the appeal within the time frame required by statute."

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