D’Ambrosio Brown Obtains Land Court Win for Developer in Defense of Special Permit Allowing Multi-Unit Residential Building
D’Ambrosio Brown attorneys recently obtained a judgment on behalf of a real estate developer following a two day trial in the Massachusetts Land Court. The plaintiff named the developer in a lawsuit challenging the Somerville Zoning Board of Appeals’ issuance of a special permit to the developer for the construction of multi-unit residential building in Somerville, Massachusetts. The plaintiff claimed that she was aggrieved by the impacts of the developer’s project and that the Somerville Zoning Board of Appeals’ exceeded its authority by issuing the special permit. In a 45 page decision, the Massachusetts Land Court ruled across the board in favor of the developer, finding that the plaintiff was not aggrieved and that the issuance of the special permit was proper.