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Mass. high court hears dispute over abutter standing after alleged defective Chapter 61A notice
Summary
At oral argument in SJC-13845, counsel for Helen Benavakis and other abutters told the Supreme Judicial Court that required Chapter 61A notice was not sent to most statutorily listed recipients, while town and purchaser lawyers argued only the municipality may enforce the right of first refusal; the justices pressed on standing, remedies and the practical effect on title.
The Massachusetts Supreme Judicial Court on oral argument considered whether nearby property owners can challenge a sale under Massachusetts General Laws Chapter 61A after plaintiffs say required statutory notice was not given.
Appellants' counsel (name not stated) told the court that "the notice requirements were never met except for 1 of the 6 parties who was entitled to notice, namely the town manager," and argued that failure to follow the statutory notice scheme deprived abutters of a meaningful chance to protect open space and their property interests.
The counsel emphasized that three named plaintiffs are servient-estate abutters with easements over the cranberry bog at issue — identifying Ronald Knight and his wife, the Wards, and Linda Powers — and said those easement rights "would accrue to any purchaser, including the town of Barnstable if…
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