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Appeals court considers whether homeowner has standing to challenge school expansion that fills neighborhood open space
Summary
Brad Watkins contends Neighborhood House’s zoning variances (increased FAR, added stories) will close off the last open backyard near his house and invoked Shepherd precedent; the Foundation says Spang's affidavit and compliance with setbacks rebut standing and that Watkins’ views remain protected public space.
James Timmons argued for Brad Watkins that the Neighborhood District zoning and the proposed floor-area-ratio increase will allow a brick classroom wing to occupy the last remaining green open space around Watkins’ house and materially and particularly injure his property and use of his yard. Timmons relied on the Shepherd decision as a close analogue and emphasized aerial photos and neighborhood context to argue Watkins has a…
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