SOMERSET — There was no deal reached in the Gagnon-North Street land dispute by yesterday’s deadline, yet there will be no Superior Court trial tomorrow, as promised, before Judge Merita Hopkins.

Instead, the case will now go before a new judge on Monday.

The dispute is in court because the Planning Board is appealing a Zoning Board ruling that upheld the building inspector’s decision to grant building permits to a group of North Street homeowners.

The planners contend that the building inspector erred because the lots required a special permit or variance.

The case has political overtones because the lots were developed by Arthur Gagnon, then a member of the Zoning Board. Planning Board members allege that Gagnon skirted the rules by interpreting the zoning bylaw to his advantage.

Gagnon, who is not a party to the appeal, insists that he did nothing improper.

The planners want the homeowners to fix what they regard as a problem by getting the necessary permits retroactively. The homeowners insist they have done nothing wrong.

Judge Hopkins has made two attempts to deal with the case. Last month, when she had the two sides in court, both were promising to come up with a revised bylaw that would clarify the language and to have the case resolved by yesterday. Otherwise, everyone agreed, the case would go to trial tomorrow, Hopkins’ last day on the Fall River bench.

But there have been no meetings and there’s been no resolution between the Planning Board and the homeowners, said Planning Board Chairman Timothy Turner.

Instead of tomorrow’s court hearing, the case will now go before a new judge, Richard T. Moses, on Monday, Turner said. (Moses presided over the Kim Pelletier sexual harassment case.)

Although the two sides agreed on a revised bylaw the last time they were in court, on Sept. 19, “we didn’t cover lot of ground on the appeal because the Zoning Board wants to stick to their guns, saying that they were right, and we’re still saying the proper procedure wasn’t followed,” said Turner.

A call to Zoning Board lawyer James Lampke was not returned yesterday.

gemery@projo.com