A Very Unappealing Case
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BENJAMIN FIERRO III
is a partner in the Boston law firm Lynch & Fierro and serves as counsel to the Home Builders Association of Massachusetts. |
By Benjamin Fierro III
It’s no secret that an abutter lawsuit challenging the approval of a housing development is an effective way to raise the cost of, and discourage, new housing construction. A case of first impression currently before the state Supreme Judicial Court could potentially broaden the class of plaintiffs who have legal standing to challenge comprehensive permits and strike a devastating blow to the zoning law known as Chapter 40B.
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