Sunday, December 13, 2009

BC Files With Court to Enter Lawsuit Over IMP Approval

Boston College filed court papers last month in order to join the lawsuit filed by two Brighton residents against the city of Boston over it's approval of BC's institutional master plan.

Those two Brighton residents, Patrick Galvin and Mark Alford, filed their lawsuit with the city in Suffolk Superior Court in July over the city's review and approval of BC's IMP earlier in the year. The Boston Redevelopment Authority's Board voted to approve the IMP in January and the Boston Zoning Commission voted to approve the IMP in May and June; both the BRA and the BZC are named as defendants in the lawsuit. Mayor Thomas Menino signed his approval of the IMP in June, although neither he nor his office are named as defendants.

BC was not named as a defendant in the lawsuit, but in the motion they filed with the court on November 9th they seek "leave to intervene as a defendant." They assert in the motion that they meet the requirements "for both intervention as of right and permissive intervention."

No response regarding BC's motion had been filed by the plaintiffs with the court as of last Thursday.

Big Gun Lawyers Involved in Case

BC was represented in the motion by legal counsel from the large law firm Goodwin Procter LLP. In their court filings, Goodwin Procter has at least two partners -- Anthony M. Feeherry and Lawrence E. Kaplan -- involved in the case, as well as two other associates.

I reported on Friday that the plaintiffs are now themselves represented by counsel which includes Jan Schlictmann, the attorney who was the subject of the best-selling book A Civil Action by Jonathan Harr.

The city is in various documents represented by its own Corporation Counsel as well as a smaller firm Rosenberg, Schapiro, Englander, Chicoine & Leggett, P.C -- which appears to have the direct involvement of two of the named partners, Edward S. Englander and Denise A. Chicoine, in the case.

With all those lawyers involved in the case -- particularly the partners -- I would be willing to bet that quite a lot of money is being spent on both sides.

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