Evans v. Building Inspector
Evans v. Building Inspector
Opinion of the Court
The plaintiffs’ action to restrain the use of residentially zoned land as an access road to an adjacent shopping center is barred by G. L. c. 40A, § 22, as appearing in St. 1970, c. 678. The statute of limitations imposed by c. 678 was made expressly applicable by § 2 to causes of action arising before the effective date of the statute as well as to those arising subsequently. (The reference in § 2 applying the “second” paragraph of G. L. c. 40A, § 22, to existing causes of action is obviously an error. It is clear that the first, rather than the second, paragraph of c. 40A, § 22, was intended to apply to actions arising before the effective date of the statute. Compare Massachusetts Gen. Hosp. v. Cambridge, 347 Mass. 519, 521 [1964].) The statute of limitations took effect ninety days after its enactment. Article 48 of the Amendments to the Constitution of the Commonwealth, The Referendum, I. G. L. c. 4, § 1. See Horton v. Attorney Gen. 269 Mass. 503, 511 (1929). A statute of limitations which forecloses existing causes of action is constitutional if litigants are afforded a rea
Judgment affirmed.
Reference
- Full Case Name
- Philip L. Evans & another v. Building Inspector of Peabody & another
- Cited By
- 5 cases
- Status
- Published