Property owner brought action challenging town zoning board’s decision that short-term rentals of owner’s single-family residence constituted an unauthorized additional use of the property as a “tourist home” or “lodging house” that was prohibited before town adopted new zoning bylaw that expressly barred such short-term rentals in single-residence zoning districts.
After owner sold the residence affirmed the board’s decision. Owner appealed, and case was transferred from the Appeals Court.
The Supreme Judicial Court held that:
- Property owner had standing to continue action, even after sale of residence;
- Action was not rendered moot by sale of residence; and
- Short-term rentals did not qualify as prior nonconforming use that was exempt from new bylaw barring such rentals.