The plaintiffs protested the decision of the Barnstable committee resulting in the stop work order. The Barnstable committee duly filed a notice of appeal from the judgment. The court allowed the motion to strike. Lower court's error in striking the notice of appeal. The court erred in striking the Barnstable committee's notice of appeal from the court's own judgment.
Questions going to the merits of the claimed appeal are for the appellate court to decide.
Lower court's error in declining to dismiss the action. Local committees, on application, issue certificates of demolition and appropriateness for unexempted properties located within their respective areas of the historic regional district. The proper procedure for the plaintiffs at this point would have been to apply to the Barnstable committee for a modification of their certificate to correspond to the actual construction line or for the issuance of a new certificate to that effect. If the Barnstable committee refused relief, the plaintiffs' road would lead to the district commission and thence, if need be, to the District Court. This is not the first case of a court's precipitous interference with a calculated administrative procedure culminating in judicial review.