Kitras and Decoulos v. Town Clerk of Aquinnah (Massachusetts Supreme Judicial Court)

NELF is providing direct representation in this case to developers who brought an action pro se in the Massachusetts Superior Court in 2002 seeking a writ of mandamus requiring the Planning Board of Aquinnah (formerly Gayhead) to approve their subdivision plans. The Superior Court granted the writ, but the Massachusetts Appeals Court reversed, citing the developers’ delay in bringing their suit after receiving the Planning Board’s letter rejecting their request for constructive approval of the plans. In this case, however, there was ample reason for the developers’ delay, including that the Planning Board never notified them of the hearing on their preliminary plans, denied those plans in part because of the developers’ consequent failure to attend the meeting, never notified them of the result of the hearing, and never held a hearing on the developers’ final plans (although they had been filed with the Board). Prior to instituting the action, the developers engaged in negotiations with the Planning Board to settle the matter. Despite such facts, the Appeals Court transformed dictum from a prior decision into a strict rule that mandamus actions must be brought within a timeframe relatively close to the appeals period that would apply if the entity had rejected the application. NELF filed an application with the Supreme Judicial Court for further appellate review, arguing that the Appeals Court had misconstrued prior precedent which actually holds that the timeliness of a mandamus action is to be determined under the equitable doctrine of laches which would require a different result here in light of the Planning Board’s conduct, the lack of prejudice, and the existence of settlement negotiations. The SJC denied NELF’s request for further appellate review. 442 Mass. 1114 (2004). In light of subsequently filed supportive letters from Massachusetts Association of Realtors and National Industrial and Office Properties Association, NELF filed a request for reconsideration, which SJC denied..