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Help! Neighbor trying to stop building

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E

EileenM

Guest
It is a long story but a neighbor is trying to stop us from building on a plot of land (in MA). He and the Community Planning Commission (CPC) appealed the granting of a building permit (seperate appeals). The appeals board sided with us and now the neighbor is suing both us and the town to stop the house going up. His reason for opposing the house construction is that it is on a private road which is only 12 feet wide. Although his house is even further down this road, he claims the road is unfit for emergency vehicles to access.

Aside from all of this, my legal question is:

-The Board of Appeals filed thier decision (to let us keep the permit) twice - one to the neighbor and one to the CPC.

-The CPC decided not to take it any further and the neighbor appealed the decision that was filed for him.

**It has been hinted to me by someone in the town hall that, since the CPC's copy of the decision was not appealed, maybe that decision could stand and we could keep our permit regardless of how the other case turns out.

Is this at all possible? Should the neighbor have appealed both decisions (even though they are essentially the same)? Is there anywhere on the web or in journals which may have helpful advice on the legal issues here?
 



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