[MassHistPres] Appeals process in LHDs

[Dennis De Witt]

An LHD property owner in Brookline filed a warrant art. to make the non-judicial optional appeal mechanism provision of 40c applicable in Brookline.  Town counsel argued that he didn't want to be put in the position of defending a judgement resulting from a de novo rehearing of the case made by a non-Brookline body, that could still be appealed to the courts.  The Selectmen (then not particularly pro-LHDs), Advisory Committee, and subsequently Town Meeting all concurred and the article was soundly defeated.

Dennis De Witt


On Sep 6, 2010, at 11:44 AM, Margaret Welch wrote:

> The Newburyport Local Historic District Study Committee would like to know whether any Mass. LHDs have an appeals mechanism separate from proceeding to Superior Court.  We are concerned that city leaders will fear potential legal costs and would prefer another alternative.  Does any commission use arbitration or go to another city commission for an appeal?  Please answer offline if you prefer. 
> 
> Many thanks in advance,
> 
> Margaret Welch
> Secretary, Newburyport LHD Study Committee
> margwelch at prodigy.net
> 
> 
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