RE: [tips_and_tricks] Gold and Legal Tender
- View SourceIt appears the city made an agreement with the petitioner in 1966, what does the agreement say?Was there a provision to adjust the dollar amount of the reimbursement of costs in 1966 to reflect the time value of money?Why did the developer create a road that benefited other, at his own expense?Why don't the developer retain some frontage along the road between the abutter property and the developers?(was it because the planning board would not let him?)If it is because the planning board would not let him, maybe a case could be made that the planning board forced him to give up something in 1966 without being compensated by the city or the abutters.As it should be obvious, a parcel without access to a road has little value. If the road had a small parcel between the abutter and the road that was controlled by the developer, he then could sell this land for what ever the abutter was willing to give him so the abutter could develop his property. Since the developer had all the risk of installing a road , he should get all the reward.Simply put, it appears the 1966 decision by the planning board and the developers acceptance of it is the place to start.