Courtroom Success 2015-6: Boston Partner Gareth W. Notis and Associate Roy W. Bjorlin

Partner Gareth Notis and Associate Roy Bjorlin recently obtained dismissal of two related cases brought against a Town and its Zoning Board and members.  The plaintiff appealed the ZBA’s refusal to permit him to sell used vehicles in a residential zone, which was a non-conforming use that he alleged had been “grandfathered” to continue because he had renewed his Class II license annually until 2008.  Plaintiff also alleged Due Process and Tortious Interference with contract/business relations.  The first matter was dismissed up defendant’s Motion for Summary Judgment.  Plaintiff subsequently filed a second lawsuit related to the Town’s alleged withholding of zoning records requested by him to establish the Zoning Board Chairman’s bias towards him and favoritism to others in Town with whom he had business ties.  Plaintiff also filed a Motion to Vacate the summary judgment decision alleging fraud committed by the Town.  The Court allowed defendant’s Motion to Dismiss the subsequent suit, stating “[p]plaintiff has failed to demonstrate any…fraud on the part of the Defendants that would justify reconsideration or reversal of the Court’s prior Summary Judgment decision.”