Market Property Lawsuit Leaves Much to Be Determined

Somerville, Mass., can take home a win after its three-year legal battle with the owner of a former Star Market property in the Davis Square neighborhood over development of the site. After the market was closed in 2007, the owner sued the city after it rejected the owner’s new plans for the lot. The city determined that the owner wouldn’t be able to open a discount store there. The city reasoned that such a store was not consistent with newly established "commercial corridor district" zoning for the area. The owner argued that the commercial corridor district was unconstitutional and that the Somerville Planning Board didn't apply the zoning properly.

Three years later, the owner’s argument was rejected by a court. There are still uncertainties about what will ultimately happen to the property, but the owner could try to appeal the decision, further delaying development. Or it could choose to find a tenant that comports with the city’s zoning requirements, but another supermarket isn’t an option. For now, the city’s vision for a mixed-use neighborhood that would revive the area is still on hold.

Not a subscriber? Click here for a free trial issue!