Van Liew Lawsuit Against Town of Chelmsford Dismissed

Chelmsford Patch has just learned on the Chelmsford In-Town Report Facebook Page that the lawsuit between Roland Van Liew and the Town of Chelmsford over 9 North Road has been dismissed.

We will have more details as they become available.

UPDATE 11:16 p.m. - In addition to the suit being dismissed, a request for payments of attorney's fees by the defendants in the case, the Chelmsford Board of Selectmen and others, has been denied

In a ruling by Associate Middlesex County Supreme Court Justice Joseph Walker, it was concluded that Van Liew did not act in bad faith seeking mandamus relief to compel the Selectmen to enforce a preservation restriction on 9 North Road.

Walker also stated that Van Liew's reasoning to maintain standing in the case under the "public right doctrine" was not "wholly insubstantial" or "frivolous."

However, Walker went on to say that this position was based on an established legal theory that was "not as malleable" as needed in order to continue pursuing the case.

Chelmsford Patch will seek to obtain additional details on the ruling as soon as possible.