P.O. Box 324
Truro MA, 02666

MA Supreme Judicial Court Rejects Kline Appeal; Truro ZBA Must Overturn Building Permit

The SJC  (the highest court in MA) ruled against Truro in the Kline matter, effectively upholding prior Land Court and Appeals Court rulings that Truro Building Inspector had improperly permitted the building of the Kline House, and ordering the ZBA to correct the matter. According to Town Counsel, Jamie Veara, the ZBA has no effective option other than to order the building to be taken down, as it must implement the Court’s decision.  One basis for the Decision  –  that the construction “overburdened the easement” – may also affect other construction on the same road.  This also put the settlement in a separate but related case filed by Klines’ abutters up in the air, since it is effectively barred.   The Klines proceeded with the multi-million dollar construction despite warning from the Land Court that to do so was at their own risk.  It is not known at this time what, if any, recourse the Klines may seek.