FIGHT FOR THE FUTURE OF NAHANT!
Karen and Bruce Marshall—a retired couple living on a fixed income—are bearing a weight for the ENTIRE Town of Nahant. And they have yet to have their voices be heard by the court!
After losing their original permits with the Town of Nahant Zoning Board following the Marshalls’ successful appeal, the developers who bought 30/30A Emerald Rd. filed a lawsuit in Essex Superior Court in an attempt to overturn the ZBA’s decision. And they made the decision to personally add Karen and Bruce as defendants in that case as well. Now, in a Massachusetts Court of Law, the money is winning.
In an unexpected and unfortunate turn, the Essex Superior Court granted the developers a summary judgment, essentially stating the ZBA and the Marshalls have no legitimate case against them—despite the abundant evidence demonstrating that numerous zoning by-laws have been violated. While the Town of Nahant has opted NOT to appeal that decision, the Marshalls have not given up fighting—they filed their intent to appeal the summary judgment and are spending $20,000 to hire appellate counsel (after having already spent tens of thousands of dollars on attorney fees for the ZBA and Superior Court cases). All of this while STILL NOT BEING HEARD BY THE COURT. The only time the Marshall's have had their voices heard there was a UNANIMOUS DECISION IN THEIR FAVOR. We are here today because the developers of 30/30A Emerald are appealing that decision.
In response, the developers requested the court issue an appeals bond, claiming that the Marshalls are needlessly costing them money by prolonging the case with their appeal. The Marshalls are now faced with a choice: Come up with $250,000 bond now, or else their appeal will be dropped. Still, the Marshalls refuse to give up—knowing that they can in no way afford the $250,000 without losing their house and home, their only remaining option is to come up with an additional $17,000 to have their appellate counsel fight the bond in Appeals Court. They’ve taken this step—now they need your help to see it through.
The outcome of this case affects EVERY RESIDENT of Nahant. If the developers are allowed to literally bulldoze over the Marshalls’ abutters rights, this will set a precedent for them and all future developers, and then no property in Nahant will be safe.
- Say goodbye to the sunlight in your back yard, like the neighbors on Emerald and Valley Road.
- Say goodbye to the by-laws that have been in place for over 30 years protecting residents’ property rights.
- Say goodbye to your setbacks and height limits.
- Say goodbye to the last bit of parking that exists for residents.
- Say goodbye to a dry basement because set back infringements have disrupted the water table.
Below are the original details of the case – read them for yourself and see what the future might hold for you if the Marshalls lose this case. If you think abutters’ rights are worth fighting for, then please consider donating. EVERY LITTLE BIT HELPS!
- Problems initially began when demolition went down beyond the studs for both buildings at 30/30A Emerald Rd., in violation of the demolition permit, and no action was taken by the Town of Nahant. Instead, a building permit was ultimately issued by the (now retired) Town of Nahant Building Inspector and construction work swiftly began in November 2024.
- The Marshalls formally appealed the Nahant Building Inspector’s decision to grant a building permit for construction at 30/30A Emerald Rd., alleging that this project violated numerous Nahant Zoning By-Laws. More specifically, after violating their demolition permit without any consequences, the developer now sought to build two new structures that would make the property more nonconforming than it had been before. The Marshalls had general quality-of-life concerns as well, including flooding and loss of view/sunlight.
- The dispute over 30/30A Emerald Rd. spanned six Nahant Zoning Board of Appeal (ZBA) meetings, lasting between January 21, 2025 and February 21, 2025. By that time, and despite the active appeal, construction at 30/30A Emerald Rd. had already been largely completed. Ultimately, the ZBA officially decided in the Marshalls’ favor: Based on Zoning By-Law 7.03E, they determined that a special permit should have been required prior to issuing the building permit because such a permit is required for any construction on a nonconforming lot.
- The ZBA’s decision to rescind the building permit and require a special permit confirms that the ZBA should have been involved in this process from the get-go, long before construction ever began. Had this occurred, giving the Marshalls and their fellow neighbors their rightful opportunity to voice their concerns and objections before construction began, the Marshalls would have never had to take this case—nor the ensuing expenses.
- The developer is now suing the Town of Nahant ZBA members and the Marshalls to get the ZBA’s appeal decision overturned. The ZBA members have access to the town’s legal counsel, but the Marshalls, if they are to fight for this decision to stand, must now continue to retain legal counsel for the foreseeable future, as this case falls under Superior Court and could potentially last for years. Prior to the current appeal, the Marshalls had already spent over $16,000 in legal fees—money they’ve had to pay from their own pockets simply because the Nahant Building Inspector failed to require a special permit.
- The Marshalls are not willing to just sit back and watch their town become overcrowded and overdeveloped. It is their hope that others feel the same way and will be willing to help by donating towards their legal representation as they continue this fight—especially since the outcome of this case will have a serious impact on other Nahant residents as similar development projects continue to crop up around town. Based on the cost of the Marshalls’ legal counsel to date, we anticipate that legal representation for the months/years ahead as this case carries on could easily cost up to an additional $50,000, so that is the amount we are shooting for. Any help we can get is greatly appreciated. In the end, any donated funds not needed for the Marshalls’ legal representation in this case will be donated to the Town of Nahant.
Thank you so much for your support! and for the supporting of Nahant's future!
Organizer and beneficiary
Karen Marshall
Beneficiary