Town Seeks to Settle Four-Year Tax Dispute with Brookline Conservation Trust

After more than four years of litigation, the Town of Brookline has decided to seek a settlement in a long-standing tax dispute with the Brookline Conservation Land Trust, a non-profit organization that owns several undeveloped lots between the Brookline Reservoir and Jamaica Pond.

"It's been going on for a while," said John Buchheit, a lawyer for the town. "Both parties are working on settling the litigation because we share the goal of preserving land in its natural state."

The dispute dates back to 2006, when the town rejected the trust's tax abatement request for three properties near Walnut Street, Sargent Road and Cottage Street. The trust, which was founded in 1977 to preserve open space in Brookline, had argued that the conservation land was meant for the benefit of the public and should be exempt from property taxes.

The trust appealed the town's finding to the state Appellate Tax Board, which ruled in favor of the town in 2008, saying that the trust was holding the land "for the primary benefit of the immediate neighborhood" and not for the public benefit. The board found that the trust had not made sufficient effort to make the land available for public benefit, noting that the three properties were barricaded by fences and walls, marked with no-trespassing signs and could only be reached by private roads.

The trust appealed the decision to the state appeals court, but the case has not yet been heard. Town officials said the town is seeking to settle the matter out of court instead.

"It's moving in the right direction and the lawyers are talking," said Tom Brady, director of the Conservation Commission. Brady could not say how close the town is to reaching a settlement.

For much of the last four years, the ongoing litigation has fueled friction between the town conservation officials and members of the trust, two groups that have worked together with shared goals in the past.

"The Conservation Commission is certainly supportive of their mission," Buchheit said.

Representatives for the Conservation Land Trust could not be reached for comment.