[MassHistPres] Court decision against duty to enforce restriction

[Jonathan Bockian]

The Mass. Appeals Court issued its ruling on Feb. 28 in Van Liew v.
Chelmsford. The court refused to allow an action to compel the Selectmen to
enforce a preservation restriction and said the plaintiff Van Liew lacked
standing to ask for a declaratory judgment. Although this decision was
issued under a rule that it's not a binding precedent but may be cited for
its persuasive value, it's definitely important as an interpretation of what
MGL c. 184, s. 32 says about enforcement. For a fuller description, please
see my summary at
http://preservationlawdigest.com/2014/03/07/van-liew-v-chelmsford/. 

 

Jonathan Bockian

____________________________

Law Office of Jonathan Bockian

165 Irving Street

Watertown, MA 02472

www.bockianlaw.com <http://www.bockianlaw.com/>  and Preservation Law Digest
<http://preservationlawdigest.com/> 

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