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ANDREWS WON, BUT WHO LOST?
Halifax legal costs at $275,000 which is $150,000 over budget
After Andrew's interpretation of the Halifax Zoning Bylaw was ruled correct by the Plymouth County Land Court, the story made front-page news in the Halifax Reporter. Before he did a victory lap, Andrews is appealing the ruling and taking the Town back to Court because he was not awarded any attorney's fees
Who is the real loser if Andrews wins and he appeals? Could it be the Town of Halifax? The Town budgeted $124,000 to fund its legal account in the Fiscal Year 2022, but Andrew's lawsuit cost it more than $275,000, more than twice it's budget. The legal fund of Halifax is currently over budget by $150,000.
As part of their ruling, the Court agreed that the Town's Multifamily bylaws were ambiguous and no longer made sense, and each housing unit must have its own lot. Based on that written language, the decision was made. In its latest decision, the Court also acknowledged the likelihood of the developer's success on appeal is good.
How did this all come about? It was under Gordon R. Andrews' control that the Halifax Planning Board failed to hold public hearings on proposed changes to the Multifamily Bylaw. Gordon R Andrews was a member of the Halifax Planning Board for more than 25 years when the Court struck down the plans. Has this increased the likelihood of Gordon C. Andrew's court case succeeding? There is no need for any more lawyers to answer that question.
The verdict also requires the developers to return to the Town Boards for Subdivision Control to legitimize the project. Consequently, the Town may see 30 to 40 housing units constructed under Chapter 40 B.
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