Laserfiche WebLink
Where, in a case such as this, there is no genuine issue: of <br /> fact as to the date upon. which the documentation requited by the <br /> plaintiff was received in the9 office of the town clerk, the case <br /> may be disposed of by summary judgment. Marvin v. Board of <br /> Appeals of Medfield, 5 Mass. App. Ct. 764 , 772 (1977) . <br /> For all of the foregoing reasons, the court rules that the <br /> plaintiff has not complied with the provisions of G.L. c. 40A, <br /> 521 by failing to give written notice of his appeal together ' <br /> with a copy of the appeal to the town clerk in Mashpee within <br /> r <br /> twenty days after the decision of the town' s zoning board of <br /> appeals had been filed in the office of the town clerk. <br /> Accordingly, the defendant' s motion for summary judgment is <br /> allowed and the plaintiff ' s appeal is dismissed. <br /> Judgment to enter accordingly. <br /> Rohn.E. Fenton, Jr . <br /> ustice of the Land o rt <br /> sitting by designat as <br /> a Superior Court Justice <br /> July 21 , 1983 <br /> 9 - <br />