5 Mass. App. Ct. 773 | Mass. App. Ct. | 1977
The complaint in the city council’s appeal from the decision of the board of appeals was entered in the Superior Court on October 17, 1974. On October 24, 1974, counsel for the council filed in the clerk’s office an affidavit in which he recited: that he had sent written notice of the filing of the appeal with a copy of the bill “to all of the respondents, including the members of the board of appeals,” by certified mail; that he had the relevant return receipts; and that “all of the parties respondent have received actual notice of the filing of this appeal within the period of time prescribed by statute.” On November 18, 1974, the landowners filed an answer to the merits which raised no question as to the manner in which they had been notified of the pendency of the proceedings. Counsel for the board of appeals* appeared and participated in the trial on the merits (which commenced on June 18, 1975) without voicing any objection as to the manner in which the board had been notified of the proceedings. On November 19, 1975, the trial judge dismissed the complaint as matter
So ordered.
See now the second paragraph of G. L. c. 40A, § 17, as appearing in St. 1975, c. 808, § 3.