Board of Selectmen to Land Court: you win

On Tuesday, September 29, three members of the Zoning Board of Appeals who are being sued for awarding a permit allowing a Chapter 40B development at Hancock Village met in a rare closed session. The judge hearing the Land Court lawsuit against them had threatened to remove Joslin Murphy, Brookline’s town counsel, from representing the Board of Selectmen if no legal representation were provided for the appeals board members. Appearances to represent the three were filed the following day, just before the deadline.

Eye on the money: There have been no agenda items for the Board of Selectmen to allocate money for such a purpose from the contingency fund or make a request from the reserve fund. That leaves the outside services budget for the Office of Town Counsel as a likely source of funds. The costs could put substantial pressure on a budget account that already seems overstressed.

The new appearances at the Land Court for zoning appeals members were from Kathryn Murphy and Jill Meixel of Krokidas & Bluestein in Boston. Ms. Murphy of the Krokidas firm was one of two lawyers from that firm hired to advise the zoning appeals board during hearings on the Hancock Village Chapter 40B application. Spending on outside services during that episode averaged around $25,000 a month.

The Office of Town Counsel is also bearing costs of representing the Board of Selectmen in the Land Court case. During the Hancock Village episode, outside legal bills totaled $295,121, far more than the outside services budgets for the Office of Town Counsel. The Advisory Committee was approached multiple times to tap the reserve fund. A double burden of costs had been observed last April by committee member Lee Selwyn, who said the town was “turning the heat and the air conditioning on at the same time.”

Next events: While the Board of Selectmen apparently did not participate in funding recent legal services, it is nearly inconceivable they would not have been informed. The board can probably dodge bullets for a while, but as costs mount either they will have to abandon their Land Court lawsuit or else they will need to go back to a skeptical Advisory Committee for more money.

At Land Court, Judge Gordon Piper has scheduled a status hearing as part of a court session starting at 10 am on Friday, October 16. He also took official notice of the Court of Appeals rulings issued September 25, undercutting at least one key element of the Land Court case.

– Beacon staff, Brookline, MA, October 5, 2015

Town of Brookline and others v. Jesse Geller, Member of the Brookline Zoning Board of Appeals, and others, Massachusetts Land Court case 2015-MISC-000072, filed March 11, 2015 (click button to search public records, select Land Court Department and Case Number tab, enter case number “15 MISC 000072″ and click Search button, click any Case Number item for “15 MISC 000072″)

Memorandum and order, case number 2014-P-1817, Town of Brookline and others v. Massachusetts Development Finance Agency and others, Massachusetts Court of Appeals, September 25, 2015

Hancock Village lawsuit: Brookline’s appeal dismissed, Brookline Beacon, September 29, 2015

Land Court to Board of Selectmen: put up or shut up, Brookline Beacon, September 20, 2015

Land Court: Dueling boards, Selectmen v. Zoning Appeals, Brookline Beacon, September 5, 2015

Craig Bolon, Advisory Committee: reach for the reset button, Brookline Beacon, July 8, 2015

Advisory Committee: missing records, more skeptical outlooks, Brookline Beacon, April 2, 2015

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