Developer’s Rights to Construct upheld Against Municipality in Superior Court

Despite a finding from the Town of Oak Bluffs preventing the development of two adjoining parcels of land, the Dukes County Superior Court agreed with D’Ambrosio Brown’s Summary Judgment Motion and ruled against the Town. In upholding the property owner’s rights to construct, the Court found that (i) Oak Bluffs had failed to comply with the deadline requirements of M.G.L. c. 111 § 31E and that (ii) adjoining lots separated by a “paper street” had not merged by operation of law. See Salkin v. Town of Oak Bluffs, Dukes County Superior Court, CA No. 2011-00013.