Courts Force Abutters to Take Appeal Bond Seriously
A recent Supreme Judicial Court ruling imposes new requirements on abutters challenging the approval of housing developments.
A recent Supreme Judicial Court ruling imposes new requirements on abutters challenging the approval of housing developments.
A common NIMBY practice involves filing lawsuits against developments with no real substantial claims, in order to string the process out so developers give up. But just recently, something emerged to address this problem.
State courts, when hearing appeals of special permits granted to development projects, will now have the power to require project opponents to post a surety or cash bond of up to $50,000.
Standing is an essential issue in zoning appeals because only persons “aggrieved” may pursue their complaints about a neighbor’s project through the courts.
The Massachusetts Supreme Judicial Court handed the development industry and housing advocates a victory Friday when it reversed a lower court ruling that gave broad rights for abutters to sue over nearby development projects.