Alana Rusin real estate litigator commercial real estate disputes for developers, landlords, and land owners

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Alana Rusin real estate litigator commercial real estate disputes for developers, landlords, and land owners
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Goulston & Storrs Files Amicus Brief on Behalf of NAIOP Massachusetts in Murchison v. Sherborn ZBA

March 4, 2020Press Releases

Brief Urges SJC to Reject Appellate Court’s Decision on Standing

Law firm Goulston & Storrs recently filed an amicus brief on behalf of NAIOP Massachusetts, The Commercial Real Estate Development Association, in the case of Murchison v. Sherborn ZBA.  The amicus brief urged the Supreme Judicial Court to overturn the lower court’s decision, which sided with the plaintiffs in the case.

NAIOP chose to pursue this opportunity because of concern that the Appeals Court’s decision, in this case, will, if allowed to stand, chill the development of commercial, industrial, and residential projects statewide by eliminating a meaningful requirement that plaintiffs in zoning cases must establish their standing with admissible evidence of harm to their interests protected by zoning.

“We are grateful to the incredible team at Goulston & Storrs for their work,” said Tamara Small, CEO of NAIOP Massachusetts. “Meritless appeals of zoning decisions are used all too frequently to delay and kill beneficial development projects. The decision in Murchison v. Sherborn ZBA will have far-reaching implications for our industry. Making it easier for plaintiffs who are not injured to pursue zoning appeals will worsen the current housing shortage, hinder economic development projects, and eliminate a critical standing doctrine. For these reasons, we hope the SJC will overturn the Appeals Court decision.”

The Goulston & Storrs team involved in the matter includes Gary Ronan and Alana Rusin.

Oral arguments will be held Thursday, March 5.

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NAIOP Contact: Anastasia Nicolaou / 650-380-9440

About NAIOP

NAIOP Massachusetts, The Commercial Real Estate Development Association, represents the interests of companies involved with the development, ownership, management, and financing of commercial properties.  NAIOP’s 1,700 members are involved with more than 250 million square feet of office, research & development, industrial, mixed use, multifamily, retail and institutional space. In addition to providing education and networking opportunities, NAIOP advances the interests of the industry and advocates for effective public policy. For more information, visit www.naiopma.org.