Applicant for short-term rental licenses for condominium units filed complaints pursuant to rule governing review of agency action and Uniform Declaratory Judgments Act seeking review of decision by town code enforcement officer denying applications.
The Superior Court vacated denial of applications. Town appealed.
The Supreme Judicial Court held that:
- Direct review of denial of applications was “otherwise available by law,” within meaning of rule defining sources of jurisdiction to review agency action, and
- Units were “legally existing residential dwelling units” at time applicant offered units for short-term rental prior to enactment of ordinance, entitling applicant to licenses.