...A state Appeals Court panel upheld a ruling this week against Planning Board member James Chilson Sr. in a case that pitted the Populatic Street property owner against the town and another developer.
is mulling a final appeal, he
did confirm that he
is still working on a book that will explain his
side of the dispute.
Responding to the panel's decision, Chilson
said, "I will be following through, I can guarantee you that."He
declined further comment, including whether he
would now ask the state Supreme Judicial Court to hear his
Typically, the SJC picks its cases based on clarifying existing legal principals or exploring new aspects of the law.
After a deal with a neighbor to turn their two lots into a joint subdivision stalled, another project for the adjacent site was approved by the town.Chilson
responded with a lawsuit in 2001 filed through his Blue View Construction company
, but lost in Superior Court.He
subsequently appealed, with oral arguments heard in April.
lawyer had argued that the town ignored the original subdivision deal and violated his
rights by approving a new plan for his
said neither he
nor a friend who held a mortgage on his
land had been properly consulted and had been financially hurt by the loss of the earlier plan.Chilson
had also asked for damages against the other builder, Marinella Development, citing the loss of promised road access for his
landlocked parcel when the company won approval for its alternative project.
But in its ruling, the Appeals Court panel found that the earlier subdivision deal had been stalled for 15 years, giving the town a right to approve a new plan.It also concurred with the court's earlier finding that the promised road access sat well within the neighboring property and still would not have allowed Chilson
to build on his
Marinella had offered proper access, the panel ruled, but Chilson
turned it down.They called this decision a "powerful indication that Blue View's
objectives could only be satisfied by a cheap acquisition" of his
had offered to buy them out, but at below market value, according to Judge Fabricant.