Hollistion files yet another Appeal

October 7, 2010

Today Holliston cast its last chip in its gamble to stop the Cedar Ridge Estates Project. Council for the Town of Holliston filed its request for Appeal to the MA Appeals Court. This filing came by surprise 30 days ahead of schedule.

Attorneys for the Developer Green View Realty received a notice of Appeal from Holliston’s special council on Friday October 8, 2010

The Land Court will now assemble the record and notify both parties when it is assembled. This does not happen overnight and will take some time. It should be faster in this case as the record was bound by the Attorney General previously and there should not be a lot to get together. Once we get this notice that the record is assembled, the Town will have ten (10) days to docket the appeal in the appeals court and the appeals court will (within a couple of days of the docketing of the appeal) issue an order for the filing of briefs. This is usually forty (40) days for the Appellant (the Town) to file a brief and then thirty (30) days for the Appellee (GVR and the Attorney General) to file response briefs.

While this suit is an attempt to overturn the recent Superior Court ruling that upheld the Comprehensive Permit issued by the MA Housing Appeals Committee, the Town’s case makes the same argument that the Town has proffered twice before and lost because they have never been able to prove any of their propaganda, allegations and innuendo that they have used to justify their complaint.

Not to mention that the Town will have spent, somewhat secretly, nearly $200,000.00 to finance their case. Perhaps in these times the money would have been better spent elsewhere.

So now Green View Realty awaits the November Election that poses the most serious threat to the projects viability by the referendum question #2 that has Green View in a pickle between Comprehensive Permit and Building Permit. Hopefully the Voters see the merits of keeping 40(B) intact and fixing it instead of eliminating it.