Article: New Superior Court Decision Creates Split In Authority About What Happens To Pending Appeals When Town Reaches 10% Subsidized Housing Threshold.(Taylor vs Housing Appeals Comm.)

Earlier this month, Mintz Levin's Housing Practice Group issued an advisory regarding an Appeals Court decision that potentially undermined Chapter 40B by keeping alive an abutter group's original appeal of a comprehensive permit to construct subsidized housing even though that permit had been later modified by the Housing Appeals Committee (HAC) and the same abutters group had filed a separate appeal of the modified permit. See Mintz Levin Housing Advisory, "Appeals Court Grants Abutters Two Chances to Appeal Comprehensive Permits; Ruling Raises Practical Questions," April 6, 2007. Now the Massachusetts Superior Court judge handling that parallel appeal, the abutter's ...

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