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Third, their claimed injury is not a cognizable injury in that they anticipate no interference with their own use, but anticipate instead that their use will interfere with a future abutter who will complain."
"The abutters and the public received a deficient notice because of the application's mischaracterization of what the dimensional relief would be for, and for having no opportunity to review the stairway plans submitted at the meeting," the judge wrote.
The report indicates that MassDOT solicited input on the project from abutters and other Lexington residents through letters to those living near the project site, a public meeting, and meetings with other stakeholders, such as Sustainable Lexington, a local advocacy group.
In ruling that the abutters did have standing, the Land Court referred to a Plymouth bylaw that regulates the light industrial district, where the nuclear power station and spent fuel storage facility are located.
For example, when we are appraising a property and it is obvious that an abutter would benefit greatly (and probably pay extra) in buying the property--to get the parking or access that their property needs--we can alert our clients to that situation in a separate section of the report.
In frontier regions with muddled property rights to land, competition between indigenous people and abutters over the ownership of natural resources should increase forest clearance.
"The plaintiffs Peter Kirk (Kirk) and Bryan Johnson (Johnson), abutters to the south and north of the Developer property, respectively (together, the Abutters), disagreed.
But before then, the school, the site, and abutters will be demarcated by a combination of jersey barriers and fencing.
Aslin is an experienced litigator, representing property owners and abutters in property disputes over titles, boundaries, easements and other land use-related issues, as well as energy development and regulatory compliance.
(Some of the sales in the $120,000-$150,000 range are sales to abutters needing land for expansion.
"Abutters, as parties in interest entitled to notice of the Board's hearings, are presumed to be persons aggrieved.