Housing Advisory: SJC Holds That Diminution of Property Values Does Not Confer Standing to Challenge a Comprehensive Permit - Decision Also Addresses Standing Under the Zoning Act
6/23/2006
In a decision that will be lauded by the subsidized housing community, and developers in general, the Supreme Judicial Court has tossed out an abutter challenge to a comprehensive permit, ruling that a claim of diminution of property value does not confer standing to challenge a comprehensive permit issued pursuant to G.L. c. 40B, §§ 20-23 (the "Comprehensive Permit Statute"). [See Standerwick v. Zoning Bd. of Appeals of Andover, SJC-09635 (June 16, 2006).] In addition, the SJC clarified that, in order to overcome the presumption that abutters have standing to file any zoning appeal, a developer need only show that the abutter could point to no evidence of the basis of his or her claims during discovery.
For more on the Standerwick decision please click here.
