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Real Estate Law
If predecessor in Interest waives a claim, successor in interest is out of luck
Topics: Claim Preclusion, Jurisdiction, Mootness
In Guiffrida v. Zoning Board of Falmouth, 68 Mass. App. Ct. 396 (March 6, 2007), the successor in interest landowner (Guiffrida) sought review if the zoning board of appeals (Falmouth) denial of his application for an extension of a three year special permit for excavation purposes. The Appeals Court affirmed the Land Court and held the claim moot because the Cape Cod Commission never approved the excavation plan and the predecessor in interest (Daddario) never raised the issue.
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From Meltzer BLawG Offices posted 2007-03-19.