THE SUPREME JUDICIAL COURT IS SOLICITING AMICUS BRIEFS OR MEMORANDA FROM INTERESTED PARTIES IN THE FOLLOWING MATTER PENDING BEFORE THE COURT
ARGUMENT IS TENTATIVELY SCHEDULED FOR FEBRUARY 2009.
AMICUS SUBMISSIONS ARE DUE ON OR BEFORE JANUARY 20, 2009
Lobisser Building Corporation & another v. Planning Board of Bellingham
The issue presented, among others, is whether a special permit granted in 1985 had lapsed pursuant to G. L. c. 40A, § 9, and Bellingham Zoning By-law § 1550, in circumstances in which the first two of the four approved phases of a condominium project were begun in 1986 and completed in 1987, but the request for a modification of the special permit and development plan approval in connection with construction of the third and fourth phases was not submitted to the planning board until 2006; whether construction of the first two phases constituted commencement of a substantial use of the permit such as would avoid lapse.
Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, Pemberton Square, Boston MA 02108-1724 (Telephone 617-557-1020). Parties filing amicus briefs are expected to comply with the requirements of Rules 17, 19 and 20 of Mass. Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs.
|Susan Mellen, Clerk|
December 29, 2008