Thursday, January 26, 2012

A WARNING ABOUT THE 60 DAY CERTIORARI STATUTE OF LIMITATIONS

Thanks to Luke Legere for his article in the January 2012 issue of REBA News. It brings attention to the Appeals Court decision of Carney v Town of Framingham, 79 Mass App. Ct. 1129, review denied, 460 Mass 1111 (2011). He states that “The date of issuance of the enforcement order is irrelevant for determining the deadline for filing a certiorari appeal. The 60-day period to file a petition for certiorari review will begin running the day the vote is taken to issue the enforcement order.” He also says that the Court left open the possibility that the clock started to run at the date of their first enforcement order months earlier and it was not further extended by a later action to amend the order. This could spell trouble in situations when a board fails to issue a speedy notice of their decision…or when a client does not immediately recognize the importance of a notice and bring it to counsel’s attention. I wonder what happens in situations when a Town sends no notice of its action.  Perhaps we have to monitor every board meeting.  The article is also a good illustration of the value of REBA News (as opposed to many of the curmudgeon conveyancer rants authored by yours truly). 

PAUL F. ALPHEN, ESQUIRE
BALAS, ALPHEN & SANTOS, P.C.
paul@lawbas.com http://www.lawbas.com/

No comments:

Post a Comment