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letters | clash over project in jamaica plain

‘Frivolous’ lawsuit? Not according to judge

In his Aug. 27 op-ed column “A Byzantine Boston battle,” about opposition to a 196-unit apartment development proposed for 161 South Huntington Ave., Paul McMorrow says that the Jamaica Plain Neighborhood Council’s lawsuit, which he calls frivolous, has “no shot of actually stopping the development on the legal merits.”

McMorrow’s opinion is not shared by Superior Court Judge Paul E. Troy, who on Aug. 13 denied the developer’s motion to require the council to post a $750,000 bond pending appeal.

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The judge wrote that, “because of the interaction between the [neighborhood council] and the Board of Appeals and other city agencies since 1985, as set forth in the papers, and the lack of governing appellate court precedent on this important issue, this court is unable to make a finding that a [council] appeal of the dismissal is frivolous or vexatious.”

Kevin F. Moloney

Jamaica Plain

The writer is a member of the Boston Redevelopment Authority’s impact advisory group regarding the Jamaica Plain project.

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