[MassHistPres] Demo delay court challenges?

[slater at alum.rpi.edu]

Have any communities had their Demo Delay laws challenged in court? 

The Springfield Historical Commission Springfield is trying to draft a
Demo Delay ordinance; we proposed legislation based on the MHC's Demo
Delay model, and sent it to the city's law department for review.

An attorney there told us that he didn't think that the law would
survive a court challenge because it is not based on an underlying state
ordinance (such as MGL 40C). He completely rewrote the ordinance in such
a way that he thinks it could be rooted from MGL 40C. 

I'm surprised at this because it is my understanding that over 100
Massachusetts cities and towns have Demo Delay ordinances similar to the
MHC model. 

I have to figure that such laws would have been tested in the courts
years ago. The attorney was concerned that the law, as written, would be
considered an unauthorized taking of private property.

If anyone has experiences to share, I'd appreciate it.

Thanks,

Ralph Slate
Chair
Springfield Historical Commission 
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