The fourth lawsuit in as many months was filed this week against the Martha’s Vineyard Commission, an unprecedented volume of litigation that is driving up legal bills.
The fourth lawsuit in as many months was filed this week against the Martha’s Vineyard Commission, an unprecedented volume of litigation that is driving up legal bills and is expected to translate into higher assessments for Island towns.
Oak Bluffs homeowners Lisa Kim and Eunu Chun are the latest litigants to appeal a decision by the MVC. In a complaint filed Wednesday, Nov. 9, in Dukes County superior court, they claim the commission exceeded its authority when it denied their request to demolish and rebuild their historic home.
In the past year alone, the commission spent more than $400,000 defending its 2021 denial of the Meetinghouse Way subdivision in the outskirts of Edgartown. A civil trial was held in June in Dukes County superior court, and final briefs were filed in the case two weeks ago. The case now awaits a ruling by the presiding judge in the case.
Other more recent court appeals have begun to pile up.
Island Elderly Housing sued the commission in August over a stringent set of conditions that accompanied approval of a small expansion to the Aidylberg housing complex in Oak Bluffs. The conditions would require a complete redesign of the plan, and the nonprofit housing agency has gone to court against the MVC seeking to overturn the conditions, calling them unreasonable.
In September, the owner of the former Lampost building in Oak Bluffs appealed a denial of his proposal to relax a requirement that apartments in the building be restricted to workforce housing. And the owners of a historic home on West Chop filed suit in October over the commission’s denial of their request to demolish the house and replace it with a new structure.
Meanwhile, this past summer the commission settled out of court with the Harbor View Hotel which had sued over a strict set of conditions that accompanied approval of a spa expansion at the Edgartown hotel. Settling a case out of court marked a first for the regional land use commission that was established by an act of the state legislature more than four decades ago.
Over the years the commission has consistently been upheld by the courts, including in landmark cases such as Island Properties, which was argued all the way to the state Supreme Court in 1977, soon after the commission was established.
But the new legal pressures on a variety of fronts come at a time when the public memory has faded of the commission’s unique founding mission to protect the ecological and historic values of the Vineyard, seen more than 40 years ago as important to the commonwealth at large.
Interest in serving on the commission also appears to be waning — the state election held Tuesday saw only eight people running for nine at-large seats — and no new faces save a write-in candidate from Aquinnah.
In a letter that went out to all six Island select boards and finance committees last month, MVC executive director Adam Turner detailed the court appeals that were already pending.
“As I am sure you are aware, the MVC has been challenged with litigation this year,” Mr. Turner wrote in part. “We
acknowledge that they present budget issues and, accordingly, we are planning an increase in the commission’s legal expense budget line.”
As dictated by its statute, the commission prepares and adopts its budget in November and December every year. Some funding comes from grants and contracts, but the bulk of the budget is paid by Island towns through annual assessments.
Mr. Turner’s letter did not estimate how much the commission is expected to spend to defend itself legally. In a brief phone conversation last week, he said the actual amount to be budgeted is still under discussion.
“We’re beginning to look at it,” Mr. Turner said. “I think the letter speaks for itself — I just wanted to be transparent with all the towns.”

Comments
For those of you who do not
Paul Adler WTFor those of you who do not know the MVC has no regulations when voting on a project. It’s 100% subjective and it was designed that way. The problem is applicants have no clue what the MVC expects of them and the process is extremely frustrating and possibly illegal. As a result we have a series of lawsuits. The founding charter must be revised before a Federal court rules the entire process is invalid. We need the MVC, just not as it is currently structured.
Paul, why don’t you offer to
Jason Prescott ChilmarkPaul, why don’t you offer to form a working group with the MVC so that you can guide them on exactly what builders need to know in order to navigate their current projects? Clearly the MVC is more needed than ever with the constant development occurring, so what’s the middle ground and how can we all help directly?
I did attend work groups and
Paul Afler WTI did attend work groups and made several comments some time ago. It’s the total subjectivity that’s the problem. I’ll never forgot one MVC member saying he would not vote for my project as I visited Hawaii to much. And another commissioner saying I would not get their vote as he was rejected from a club I had joined.
It would appear the original
just a thought edgIt would appear the original intent would be to oversee 'development' such as subdividing large tracts of land. When each and every demolition is referred as a DRI, it expands the scope, which should be left to the local towns, who elect representatives to zoning boards and historic commission that know what is best for each town to maintain its character. Stick to the original mission and save the taxpayers unecessary legal fees. Many of These lawsuits wouldnt happen if the MVC wasn't trying to 'flex its muscle' on each and every opportunity, rather than just sending it back to the local boards, which is appropriate.
The MVC gets sued by tax
Dober EdgartownThe MVC gets sued by tax paying land owners, which results in the MVC getting more tax money to fight against the people who pay taxes....Do you see the problem???
Piling on to Dober's comment.
Chappy Guy ChappyPiling on to Dober's comment... most decisions to pursue legal action involving weighing the costs of and potential gains from pursuing the action against the odds of success, e.g., high costs + low potential gains + bad odds of winning lead to no legal action. In this case, the MVC passes its costs back to the tax payers, so there's nothing but upside, making the odds of prevailing irrelevant and empowering the commissioners to overreach vs. their mandate. Classic problem of incentives and governance.
I see problem, uncontrolled
Albert Hess GosnoldI see problem, uncontrolled growth.
This is what happens when you
Bob EdgartownThis is what happens when you have a commission made up of the same people for so long that they’re feel empowered to make ridiculous decisions. It is way past time for the island to take a serious look at the value of this organization the cost of the island millions every year. A lot has changed since this all started back in 1974 as most Towns today have extensive Zonning, planning boards, conservation, water departments, sewer departments, historic commissions which most times all have today. Every time the MVC looks at itself instead of trying to scale back it try’s to make itself more important is this to self preserve its own existence and jobs? The largest legal bill the MVC faces is self inflicted and should’ve been avoided by this utopia group. The town of edgartown informally had gone through the proposal and did not see an issue with having a subdivision right next to another subdivision. Your next article on the MVC should be how they keep adding employees and increasing their budget without any real islandwide discussion if it’s necessary. The tax payers millions of dollars spent running the MVC would be better spent on housing stock for seasonal employees or year-round islanders.
This is what happens when
Albert Hess GosnoldThis is what happens when people like Bob fail to assume leadership positions.
Whining changes nothing.
People like me and myself
Bob EdgartownPeople like me and myself have been on the various town boards and leave after many years out of frustration. The island has no balance on these boards they are made up of the same type of person. Mostly they do not want change from when they got here. Be it 10,20,30 years ago and freeze that time. But the reality is this is what the island wants as the boards have control and we are just out numbered.
The lawsuits are unfortunate.
JG OBThe lawsuits are unfortunate. As the article states, “the commission’s unique founding mission to protect the ecological and historic values of the Vineyard”, a worthy goal, to preserve the unique character that defines MV. What make the island unique is it’s quirky, character defining, architecture, not large, fake Disney Victorians, out of scale with the neighborhood. Kill the golden goose at your peril, because once the hard to define character, that drew people here, is gone, it is impossible to reproduce. It would be truly sad to see the Vineyard go the way of so many shoreline communities, that have lost their souls to development, with out of state owners building out of scale Taj Mahals, as monuments to their deep pockets. Without the commission enforcing guidelines for what “fits” ecological, and historical values of the Vineyard, the architectural standards will devolve into the lowest common denominator of what is appropriate. And judging by many other places that “used to be” unique, left unregulated, it’s a low bar.
Yet all you mentioned can be
Laurence EdgartownYet all you mentioned can be handled at the town level and the individual towns know what's best for themselves.
Individual towns know what is
Albert GosnoldIndividual towns know what is best for the individual towns.
They do not agree on what is best for the Island.
The MVC has outlived its
Lorraine EdgartownThe MVC has outlived its usefulness and abandoned its mandate. Each town should be responsible for each town, period. Look around the island, what has the MVC accomplished, what has the MVC saved? Not money, the legal fees are staggering. Disband, let each town govern itself. Regional is not always what it is cracked up to be. IMHO, old village dowager, here. Thank you to all the Veterans, now and past and forever.
It's fishy when the
Michael edgartownIt's fishy when the meetinghouse development gets denied, and the affordable housing, right next door sails through. no endangered moth there?
The Vineyard has already gone
Charlie Callahan So Boston/EdgartownThe Vineyard has already gone the way of other shorline communities.Some of the hippocrits here making decisions have already built their own McMansions that should never have been built and now are telling others,OH NO U CAN'T do that here IT"S OUT OF CHARACTER FOR THE VINEYARD. Been here 40 years and the place is like a circus
Why do you stay?
Albert NAUWhy do you stay?
I think we all need to look
Chris Oak BluffsI think we all need to look at the larger picture. No one wants McMansions that are outside the scope of what we want in our island. But, some of these houses aren’t really that special. Couldn’t there be a compromise. Couldn’t some details be kept, even if building new? I’m sure there has to be common ground. For a building built 120 years ago, what was there before? And before that? What about those ugly homes built in the early 90s all over the island, what will happen to them in 100 years? Are they significant? I really think you can allow owners to rebuild their house, but require them to mimic or replace some elements. There is a better way that works to everyone’s advantage.
I think the need for change
Zack Morris Oak BluffsI think the need for change is the commission and the old timers that have been there forever are greatly reflected in the voting results. Trip Barnes who is seen my fellow commissioners are unreasonable and a crazy old man actually came away as the highest voted with 5,510 votes. And it wasn't just his own town where he got the most votes, but in every single island town he received the most votes. I think it's high time that the commissioners started listening to the people and not their personal agenda.
To ALBERT; I stay because it
Charlie Callahan So Boston/EdgartownTo ALBERT; I stay because it reminds me of the PROJECTS I grew up in.in So Boston.The greed,the corruption,the the hippocrits,etc etc.ArArAr
Been here 46 yrs. I stay
Peter A. Guest Vineyard HavenBeen here 46 yrs. I stay because I haven't found a better place, but I'm looking for one. The gentrification is destroying the environment and the culture.
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