SJC: 135 Wells Avenue, LLC. v. HAC and Newton ZBA

KeywordsMunicipal Corporations, Property, Use of municipal property. Real Property, Deed, Restrictions. Housing. Zoning, Housing appeals committee, Low and moderate income housing, Board of appeals: jurisdiction. Permit

The SJC on direct appellate review upheld the Appeals Court and the Newton Zoning Board of Appeals, confirming that the negative easement held by the city was “a property interest in land,” and that the HAC does not have authority to modify that interest.  The decision goes on to decline to determine “that the purposes for which the restrictive covenant was enacted are now incapable of being attained, and, consequently, that the restrictive covenant should be declared null and void.”  The lower court’s judgment on the pleadings was affirmed. For the full text of the decision go to:   135 Wells Avenue, LLC. v. HAC and Newton ZBA

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