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ARTICLE · 25 APRIL 2024

Developers Beware: Difficult Multi-Step Process For Obtaining And Cashing In On Appeal Bonds

Goulston & Storrs
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The case of Porter v. Bd. of Appeal of Boston is the latest case that involves an eternal question posed by developers: how does a developer whose development permits are challenged...

United StatesReal Estate and Construction
Mariana Korsunsky
Mariana Korsunsky
Kevin P. O'Flaherty
Kevin P. O'Flaherty
Gary M. Ronan
Gary M. Ronan
Salome Salia
Salome Salia
John F. White III
John F. White III

Porter v. Bd. of Appeal of Bos., No. 22-P-974, 2024 WL 187241 (Mass. App. Ct. Jan. 18, 2024).

The case of Porter v. Bd. of Appeal of Boston is the latest case that involves an eternal question posed by developers: how does a developer whose development permits are challenged obtain compensation from the party who appeals from the permits and entitlements obtained by the developer? In this case, plaintiff Eric Porter ("Porter") appealed a decision of the Board of Appeal of Boston that granted variances to a developer, Fung & Hsu Realty Associates, LLC ("Fung & Hsu"). The appeal challenged permits issued to Fung & Hsu in connection with its plan to construct an addition to a residential building in Allston (the "Decision").

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