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Appeals court weighs whether Board of Health's inaction can trigger certiorari or mandamus in zoning dispute
Summary
In De Oliveira v. La Lumiere, appellants argue a Board of Health-issued variance-related permit deprived them of statutory review under M.G.L. c.40A and that the board's failure to act constitutes a quasi-judicial proceeding warranting certiorari or mandamus; appellees counter that absence of a proceeding cannot supply that element and enforcement was discretionary. The court took the case under advisement.
May it please the court, Matthew Dunn, on behalf of the appellants, Shannon D'Oliveira and Anthony D'Oliveira, told the panel the key issue is whether review mechanisms in the zoning statute apply when a Board of Health issues a land‑use permit and then declines to act.
Dunn said the case turns on the practical effect of that choice: because the variance was issued by the Board of Health rather than the zoning board, the statutory paths for judicial review (he cited M.G.L. c.40A, sections discussed in his brief) are unavailable, leaving aggrieved neighbors without an established remedy. "I think the main issue in this case, your honors, is that this…
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