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Developer, town and property owner argue over mitigation covenant and whether town action amounted to a taking
Summary
RFF contended a mitigation covenant tied to rezoning was an extracted promise amounting to a regulatory taking; the town and shops countered the covenant was drafted by the developer in response to public concerns and that the record lacks evidence of coercive government action.
In RFF Family Partnership v. Shops at Saugus (Docket 25P0768), the panel heard argument about whether a mitigation covenant imposed as part of a rezoning process amounted to an extractive government taking or was a voluntary contractual accommodation.
Richard Bryansk, representing RFF, said the covenant was not an ordinary private promise but a product of exchange between the town and developer that had the practical effect of removing development rights…
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