Golf Club Case Gets a Hearing

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 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.

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.