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The fourth lawsuit in as many months was filed this week against the Martha’s Vineyard Commission, an unprecedented amount of lawsuits that force legislative bills and are expected to turn into higher assessments for the cities of the Island.
Oak Bluffs homeowners Lisa Kim and Eunu Chun are the latest judges to appeal the MVC’s decision. In a complaint filed Wednesday, Nov. 9, in Dukes County Superior Court, they say the commission overreached in denying their request to demolish and build again in their old home.
In the past year alone, the commission has spent more than $400,000 defending its 2021 opposition to the separation of Meetinghouse Way outside of Edgartown. A civil trial was held in June in Dukes County Superior Court, and final arguments in the case were filed two weeks ago. The case is now awaiting the judge’s ruling on the case.
Other court appeals have recently begun to pile up.
Island Elderly Housing challenged the commission in August on strict conditions that came with the approval of a small extension to the Aidylberg housing complex in Oak Bluffs. The measures require a complete redesign of the plan, and the free housing agency has gone to court against the MVC seeking to overturn the measures, calling them unnecessary.
In September, the owner of the former Lamppost building in Oak Bluffs asked to deny his request to relax the requirement that the building’s residences be restricted to employee housing. And the owners of a historic home in West Chop sued in October over the commission’s denial of their request to demolish the building and replace it with a new structure.
Meanwhile, this past summer an out-of-court settlement was reached with the Harbor View Hotel who had argued for a variety of conditions that followed the approval of a space expansion at the Edgartown hotel. The settlement of a case out of court marked the first for a regional land use commission established by state legislature more than four decades ago.
Over the years the court has been upheld by the courts, including famous cases such as Land Islands, which were argued all the way to the state Supreme Court in 1977, shortly after the establishment of the commission.
But the new legal pressures on various aspects come as public awareness of the Commission’s special mission to protect the Vineyard’s ecological and historic values has faded, it said. more than 40 years ago it was important to the general public. .
Interest in serving on the commission appears to be waning — Tuesday’s statewide election found just eight people running for nine at-large seats — and no new faces. but a write-in candidate from Aquinnah.
In a letter released to the Six Nations selection boards and finance committees last month, MVC executive director Adam Turner discussed pending court appeals.
“As I’m sure you know, the MVC has been challenged with litigation this year,” said Mr. Turner writes a part. “We are
We agree that they present budget issues and, therefore, we plan to increase the Commission’s legal spending budget.”
According to its law, the commission prepares and adopts its budget in November and December each year. Some money comes from grants and contracts, but most of the funding is paid for by Island municipalities through annual assessments.
Mr. Turner’s letter did not specify how much money the commission would have to spend to defend itself legally. In a brief telephone interview last week, he said he was still discussing real money as a fund.
“We’re starting to look,” said Mr. Turner said. “I think the letter speaks for itself – I want it to be clear to all cities.”
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