Laserfiche WebLink
i <br /> asserting the invalidity of a provision of the town' s zoning by- <br /> law which purports to prohibit trailer park and mobile home park <br /> uses from all districts created by the by-law.1:1 <br /> Defendant has moved for summary judgment pursuant to Mass. <br /> R. Civ. P. 56. By its motion the town argues that this court <br /> lacks jurisdiction over the subject matter of the' complaint, <br /> entitled "Petition on Appeal" , due to the plaintiff' s failure to <br /> give notice of said petition with a copy thereof to the town <br /> clerk within twenty (20) days of the filing of the decision of <br /> the town' s board of appeals, as provided under G.L. c. 40A, §21 <br /> (now G.L. c. 40A, §17) then in effect. Plaintiff contends that <br /> the court, based upon the facts as stated in an affidavit <br /> submitted, with reasonable inferences to be drawn therefrom, <br /> ` should deny the defendant' s motion and conclude that the notice <br /> of the plaintiff ' s appeal was actually received by the town <br /> clerk of Mashpee, or at least constructively received, within <br /> the twenty day statutory period. <br /> A hearing was held on the motion. Based on the pleadings, <br /> the affidavits entitled to be 'considered on. a motion for summary <br /> judgment, documentary materials submitted and admissions made at <br /> the hearing , I rule that there is no genuineissue as to any <br /> material fact concerning the court ' s jurisdiction. Therefore, <br /> the case is ripe for summary judgment pursuant to Mass. R. Civ. <br /> P. 56. See Community National Bank v. Dawes, 369 Mass . 550 <br /> (1976) . <br /> 1� This case No. 102053 is still pending in .the Land <br /> Court. <br /> 2 - <br />