BERNSTEIN v. CHIEF BUILDING INSPECTOR & BUILDING COMMISSIONER OF FALMOUTH.

No. 99-P-730.

52 Mass. App. Ct. 422 (2001)

FREDERICK L. BERNSTEIN v. CHIEF BUILDING INSPECTOR & BUILDING COMMISSIONER OF FALMOUTH & others.

Court of Appeals of Massachusetts, Suffolk.

August 31, 2001.


Attorney(s) appearing for the Case

Frederick L. Bernstein, pro se.

Patrick M. Butler & Patrick J. Cassidy for Stuborn Limited Partnership & another.

Frank K. Duffy, Jr., & Edward J. DeWitt, for Chief Building Inspector and Building Commissioner of Falmouth & another, submitted a brief.

Present: GREENBERG, BECK, & COWIN, JJ.


GREENBERG, J.

The underlying issue in this case is whether, as ruled by a judge of the Land Court, Stuborn Limited Partnership, an assignee of certain condominium development rights (developer), may construct a fifth building more than two years after a special permit has issued. Preliminarily, there is a question whether the plaintiff, as a unit owner, independent of the trustees of the condominium association,...

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