In a landmark decision which marks a sweeping victory for the Vineyard and deals a crippling defeat to the Herring Creek Farm Trust, the chief justice of the Massachusetts Land Court upheld three-acre zoning in the town of Edgartown yesterday. The decision is believed to be the most important legal opinion for the Vineyard since the state Supreme Judicial Court ruled in favor of the Martha's Vineyard Commission on the Island Properties case nearly two decades ago.
Aquinnah landowners who have been battling for nearly 18 years to develop some 30 acres of land off Moshup Trail won a favorable decision this week from the state Court of Appeals, but the convoluted legal saga continues.
The decision ends a bitter dispute over ownership of a three-acre parcel of land in Chilmark. Nisa Counter and Benjamin Ramsey bought the lot on Blue Barque Road in 2010 from a family member. Sheriff’s Meadow said the land was part of a 10-acre parcel gifted by the late C. Russell Walton.
A Massachusetts Land Court judge last week dismissed the central claim in a complicated property rights case that centers on an attempt by a group of developers to open up access to a vast area of landlocked lots off Moshup Trail in Aquinnah.
Developers Sketch Outline of Proposals for Woodlands Area
By JULIA WELLS
Anxious to regain the upper hand following a defeat in the
Massachusetts Land Court last week, the developers who want to convert
the southern woodlands in Oak Bluffs to a private luxury golf course
- and now also luxury housing - scrambled to put out the
word that they have a new deal on the table.
MVC Power of Review on Housing Projects Upheld in Key Ruling by
State Land Court
By JULIA WELLS Gazette Senior Writer
In a groundbreaking decision that affects every town on the
Vineyard, the chief justice of the Massachusetts Land Court ruled last
week that the Martha's Vineyard Commission has full power of
review over low and moderate income housing projects under Chapter 40B,
a section of state law commonly known as the anti-snob zoning statute.
The chief justice of the Massachusetts Land Court heard arguments
this week in a groundbreaking case that will ultimately decide whether
the Martha's Vineyard Commission has the power to review low and
moderate-income housing projects under Chapter 40B, a section of state
law commonly known as the anti-snob zoning statute.
Land Court Upholds Power of MVC To Review 40B Housing Projects
Developer of Golf Club Will Appeal
By JULIA WELLS
Gazette Senior Writer
For the second time in less than two years, yesterday a
Massachusetts Land Court judge ruled that the Martha's Vineyard
Commission has full power of review over low and moderate income housing
projects under Chapter 40B, a section of state law commonly known as the
anti-snob zoning statute.
A Motion for Court to Reconsider Earlier Ruling Takes Lawyers to
Boston; How Powerful Is Island Commission?
By JULIA WELLS Gazette Senior Writer
BOSTON - An attorney who represents the Down Island Golf Club
developers tried to convince a Massachusetts Land Court judge this week
that the court's chief justice was wrong when he ruled last year
that the Martha's Vineyard Commission has full power of review
over affordable housing developments - including the power to
reject them.
A Massachusetts Land Court judge last week solidly denied a motion
for reconsideration from a group of neighbors who are trying to fight
three affordable one-acre homesites on Chappaquiddick.
Edgartown town counsel Ronald H. Rappaport yesterday said the ruling
- which directly rejected a series of claims made by the
neighbors' attorney - speaks volumes about the nature of the
case.
