You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
argument list, and the reason it’s been taken <strong>of</strong>f the oral argument list is<br />
because the issues aren’t controversial. There’s no question <strong>of</strong> law that’s<br />
in controversy, or the judge has made a plain error, and that’s the Zoning<br />
Board <strong>of</strong> Appeals point, that they believe that the judge made a plain error.<br />
How the case is going to come out, no one knows. It would seem to<br />
me that you might want to wait to do that, because I think although the<br />
article before you tonight is an improvement, I think that there’s a little bit<br />
more to the story.<br />
Mr. McNamara went through a very long list <strong>of</strong> inquiries and<br />
fact-finding that the Board <strong>of</strong> Appeals is required to make. Well, those are<br />
the exact inquiries that my neighbors asked the Board <strong>of</strong> Appeals to make<br />
in the zoning case that we won in the Land Court.<br />
But I know last <strong>Town</strong> Meeting there was a lot <strong>of</strong> criticism from<br />
a number <strong>of</strong> you about what the Land Court actually decided. If I could get<br />
the next slide.<br />
Okay, so the decision from the Appeals Court will be out this<br />
summer. There will be plenty <strong>of</strong> time for the Fall <strong>Town</strong> Meeting to come<br />
back and actually get this article right if that’s what you want to do.<br />
If I could have the next slide. What did the Land Court<br />
actually decide? Okay, there’s a number <strong>of</strong> interesting issues that the<br />
Land Court decided that have not been pointed out. The first and foremost<br />
is the ZBA cannot ignore or overrule <strong>Town</strong> Meeting. <strong>Town</strong> Meeting is the<br />
Tinkham Reporting<br />
(508) 759-9162<br />
1-<br />
43
Change language