In the case of Hogan v. Hayes, 19 Mass. App. Ct. 399, 474 N.E.2d 1158 (1985), the Court held that a plaintiff's appeal to a board before receiving a written response from a building inspector is a jurisdictional defect that "appears not to be of such significance that a court must take notice of it even if the opposing party fails to press it." Id. at 402. In Hogan, it was the defendant who should have raised the issue, and he waived the defense by not raising it in a timely manner. See id.