Tuesday, October 12, 2010

Case Finally Adjudicated

September 10 2010

While the Superior Court Judge issued his decision on count I & II of the three count complaint filed by the Holliston Zoning Board of Appeals a third count had yet to be resolved as the count was a nuisance count thrown into the complaint in an obtuse attempt to get the Land Court court to eliminate the authority of the MA Housing Appeals Committee to issue Comprehensive Permits in Massachusetts.


Perhaps Council for the Town was dumb like a fox, likely knowing that the Courts can't be used to make or create Laws however the Case was delayed for nearly two months while GVR was forced to negotiate with the Plaintiff over the stipulation of removal of the nuisance Count III.

The Council for the plaintiff agreed to let the decision of Count I & II stand if GVR would agree to a stipulation of dismissal "without prejudice" so that the self serving plaintiff Attorney would be able to continue to harass proponents of 40(b) affordable housing projects that he was appealing on behalf of other client Municipalities.

Thus the Court was finally able to issue a complete ruling on this case on September 10 2010. Now the stage was set for an appeal on November 10 2010 just in case the Question 2 referendum question on the November Election Ballot failed to over turn 40(b) Affordable Housing in Massachusetts.

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