[MassHistPres] Any court challenges to an 18-month demo delay bylaw?

[Marcia Starkey]

Is there a middle ground where the current delay could be extended to
18months under certain circumstances: i. e. National register eligibility or
listing; written expressions of interest by potential new owners, support by
abutters or neighborhood? 

 

Marcia Starkey, Greenfield HC 

 

From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of David Temple
Sent: Monday, April 22, 2013 2:50 PM
To: Mass HistPres
Subject: [MassHistPres] Any court challenges to an 18-month demo delay
bylaw?

 

In Medfield, we now have a 50-year/12-month demolition delay bylaw. At next
week's annual town meeting we will be asking voters to extend it to 18
months, as more and more municipalities seem to be doing. Our town counsel
has expressed concern that the extra six months might lead delayed owners or
builders to feel a court challenge would be worthwhile, where they'd just
sit tight and wait out 12 months of delay.  

 

Has anyone on this list experienced such a legal challenge?  If yes, please
explain the outcomes.

 

In your reply, please include my original message. AOL users please note!

David Temple 
David F. Temple, Inc. 
300 South Street 
Medfield, MA 02052 
508-359-2915 

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