Summary: Johnson & Borenstein represented the developer of a residential condominium project proposed under the Massachusetts Comprehensive Permit Statute. The Municipal Zoning Board of Appeals sought to compel the developer to pay various expenses and to comply with other demands the developer believed to be onerous and unlawful. Johnson & Borenstein obtained a ruling on those issues from the Massachusetts Housing Appeals Committee. The Board successively appealed that ruling to the Massachusetts Superior Court and Land Court. Both Court's rejected the Board's position and dismissed the appeals in a summary fashion.
Conclusion: