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Appeals court considers whether grocery store's private parking claim suffices to challenge City of Boston zoning variances
Summary
Tropical Phase 2 LLC appealed a land court dismissal after the judge found Tropical’s traffic- and parking-impact expert speculative; the developer and City told the Appeals Court that the land court’s factual findings were supported and that private parking interests are not protected by zoning under Picard and related law.
Scott Ford, for Tropical Phase 2 LLC (24P1019), told the panel that the Land Court erred in dismissing Tropical’s challenge to zoning variances for a nearby development. Tropical’s lawyer said an expert report by Dr. Mark Warner showed that new residents and visitors to the proposed 10‑story building would use short-term parking and impose operational harms on Tropical Foods’ private…
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