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Published on: 1/5/2008
Last Visited: 1/5/2008
PORTSMOUTH - The city's Board of Adjustment committed "legal error" by failing to recognize a judge's order saying James Boyle, owner of Toyota of Portsmouth, did not violate city wetlands ordinance when he cut trees and shrubs on his car dealership property, according to new legal action filed by Boyle.
Filed Dec. 26 with Rockingham County Superior Court, Boyle's suit is the latest in a series of court cases related to development of his Greenleaf Avenue property, with one case appealed all the way to the state Supreme Court and another headed that way.
The new action asks a judge to reverse a BOA decision denying Boyle building permits and accept his site plan reviews for an expansion of his auto dealership and to award him costs, attorneys fees and damages for one year's loss of business.Filed by Boyle's attorney, Bernard Pelech, the complaint alleges the city has stalled expansion of Boyle's business for two years, most recently by denying Boyle needed permits for expansion for an alleged zoning violation which the superior court found does not exist.
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If the court does not reverse the BOA decision, Boyle asks it to order the city to post a bond covering his costs for the time it takes the city to appeal the superior court wetlands decision to the state supreme court.Boyle's complaint says the delays caused by the city have prevented him from installing plumbing and electric work he fears will lead to freezing of internal roof drains, a frozen sprinkler system and a roof collapse.
In December, Boyle told the Herald he's spent $150,000 to fight City Hall for the right to do what he wants on the dealership property.He seeks permits to use two additional sections of his building, formerly occupied by tenants and add more parking spaces.
The city is denying the approval until the tree-cutting appeal is resolved.
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The city has not yet responded to Boyle's most recent court complaint, has until Feb. 5 to do so and a "hearing on the merits" of the case is scheduled for April 30.