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Real Estate & Lease Litigation: November 2014 Archives

Massachusetts Court Sheds Light on Procedure for Appealing a BHAC Determination

In Maiocco v. Leggs, 32 Mass.L.Rptr. 228 (2014), Judge Robert Gordon considered when a party's right to appeal a decision of the Beacon Hill Architectural Commission terminated. Under 1995 Mass. Acts, Chapter 616, the proponent of a construction project involving exterior architecture within the Beacon Hill Historic District must apply to the Beacon Hill Architectural Commission for approval of the project in the form of a Certificate of Appropriateness (COA). After holding a public hearing on the application, the Commission "determine[s]" whether the proposed construction project is "appropriate to the preservation of the historic Beacon Hill district..."  Any party "aggrieved" by the Commission's decision must notify the Commission of its intent to appeal within 8 days of mailing of notice of the determination and must file its appeal in Suffolk Superior Court within 30 days of the "determination."

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