Developer Xerxes Aghassipour has filed a lawsuit against four people, including a member of the Tisbury planning board and the board’s staff administrator, claiming they engaged in a conspiracy to discredit his reputation and violate his rights by abusing the legal process.
Developer Xerxes Aghassipour has filed a lawsuit against four people, including a member of the Tisbury planning board and the board’s staff administrator, claiming they engaged in a conspiracy to discredit his reputation and violate his rights by abusing the legal process.
The suit, filed Wednesday in Dukes County Superior Court, names as defendants Bernadette and Leigh Cormie, Ben Robinson and Amy Upton, all of whom Mr. Aghassipour says have worked together to derail his controversial housing project at 97 Spring street in Vineyard Haven.
“The defendants share a common goal: to ensure [Mr. Aghassipour is] not involved in the current and future development of Martha’s Vineyard,” the lawsuit reads, in part.
The lawsuit is the second legal challenge connected to the housing project, which has been the subject of numerous contentious hearings both with the town and the Martha’s Vineyard Commission.
The home at 97 Spring street is at the center of the dispute.
The home at 97 Spring street is at the center of the dispute.
The defendants in the case said Mr. Aghassipour’s suit was an attempt to deter the review process.
Speaking with the Gazette Wednesday afternoon, Mr. Aghassipour said his project has been unfairly and illegally impeded by the four defendants.
“We were feeling very targeted,” he said.
Mr. Robinson is a veteran member of the Martha’s Vineyard Commission and of the Tisbury planning board, which repeatedly referred 97 Spring street to the MVC last year. The commission is slated to open a public hearing on the project Jan. 23.
Ms. Upton, of West Tisbury, is the planning board’s staff administrator. She was placed on paid leave by the town for several weeks last year after a records request from Mr. Aghassipour made public some critical, and at times crude, text messages about him between Ms. Upton and Mr. Robinson.
Ms. Cormie and Mr. Cormie are married homeowners living directly next door to 97 Spring street. In November, they filed suit in the state Land Court seeking to reverse the decision by the Tisbury zoning board of appeals to approve Mr. Aghassipour’s nine-bedroom project.
Ms. Cormie also was elected to the Martha’s Vineyard Commission in November.
Mr. Aghassipour’s complaint accuses the Cormies of abusing the legal process, saying they brought a futile Land Court lawsuit after they failed to stop his project by other means, including an appeal to the Tisbury zoning board.
The Cormies’ case has yet to be heard by the Land Court.
Mr. Robinson and Ms. Upton encouraged the Cormies to file the Land Court suit, according to Mr. Aghassipour’s complaint, which charges all four with civil conspiracy.
“I think Ben and Amy have a vision for the Vineyard, and it doesn’t seem to include what we’re doing,” said Mr. Aghassipour, whose superior court lawsuit also claims the defendants have unjustly identified him with Vineyard Wind, one of the employers that rent workforce housing from his company Delano & Co.
“I’m not Vineyard Wind. They’re just a tenant to me,” he said, during an interview at the former Educomp building in Vineyard Haven.
Mr. Aghassipour also leases workforce housing, on both Martha’s Vineyard and Nantucket, to employers including Stop & Shop and both Island hospitals, he said.
“We’re agnostic as it comes to clients,” he said.
The lawsuit, filed by attorney Peter Brown of Boston, calls for a judgment requiring the Cormies to pay damages, with interest, for losses incurred by the delay in the Spring street project.
The lawsuit, which seeks a jury trial, also demands that Ms. Upton and Mr. Robinson pay attorney’s fees incurred by Mr. Aghassipour as a result of their alleged actions, as well as further damages to be determined by the court.
Ms. Upton’s attorney, Casey Dobel, issued a defiant statement Thursday afternoon that called the litigation “meritless,” asserting her client was being targeted for trying to uphold town bylaws fairly.
“This transparent attempt to intimidate Ms. Upton into silence will not be successful, and she will continue to stand up for the people of Tisbury and Martha’s Vineyard as she has always done,” Ms. Dobel wrote.
Although Mr. Aghassipour is suing the four Islanders as individuals, Mr. Robinson told the Gazette he expects to be represented by an attorney hired by the town’s insurance company. He has been in touch with Tisbury interim town administrator Pam Bennett to begin the process, Mr. Robinson said.
“I’m hoping it’ll be quick,” he said.
“We’re just basically asking people to follow the rules,” Mr. Robinson added.
Ms. Cormie said she believes the legal action violates a state law against lawsuits meant to intimidate the public.
“I personally feel it’s a tactic to intimidate me and my family and my husband and my neighbors and any future planning board or MVC members into doing what he says or you’ll get sued,” she told the Gazette.
“I’m not backing down,” Ms. Cormie said.
Planning board chair Connie Alexander said she was both surprised and saddened to receive Mr. Aghassipour’s letter notifying her of the lawsuit.
“I think there are a lot of misunderstandings on both sides of the issue,” she told the Gazette.
“I think it’s a real shame that there’s this animus,” said Ms. Alexander, who declined to comment on the particulars of Mr. Aghassipour’s case.
“He has every right to do as he sees necessary for himself and his business … My focus is to take care of planning board business, and only planning board business,” Ms. Alexander said.
Comments
I can not comment on the
mark acker VHI can not comment on the nature of these entanglements as I have not attended any public hearings. But once again I do not like the way the MVC is constantly used as a sledge hammer to send "unpopular" persons or projects for review. For those that don't know, the MVC has no real guidelines. It is based solely on a benefit detriment system, which only encourages totally subjective opinions to rule. It promotes a popularity contest. For this reason it is essential only regionally large projects, effecting the entire Island, be sent there. Once again, this seems like a local neighborhood squabble, I fail to see the regional impact. If we continue to send every local project to the MVC this important agency will be abolished.
Filing a lawsuit against the
Susan Desmarais Oak BluffsFiling a lawsuit against the town or its residents isn’t the best way to solve problems or be welcomed into this island community.
Good for Xerxes, he has
David Saunders Vineyard HavenGood for Xerxes, he has consistently been run through the mud by the neighbors and the MVC unlawfully. I hope he wins the lawsuit and gives the island the necessary housing. We need more people like Xerxes. The MVC continues to overreach and needs to be held accountable. The letter of the law is written to protect individuals and businesses to conduct lawful business, he is well within his rights to sue these bullies.
This project has yet to have
Enough Already Oak BluffsThis project has yet to have a public hearing in front of the MVC so your comments are premature.
Well aren't we just a bubbly
Rooting for - HOUSING MVWell aren't we just a bubbly mix of a community full of contradictions. More housing, rar rar! When do we want it - Now! A developer like Xerxes heeds the call. (Ok, I can solve for that) and goes through the motions to gain approvals, to house our precious Vineyard Wind project staff. We as a community must be hilarious to watch from outside the bubble. The housing crisis is not about short term rentals, or J1 workers or any of the staple excuses. No, no the housing crisis is merely this entire spectacle of 97 Spring Street. Hope Xerxes wins, and if he loses, don't cry foul when we start seeing 100+ modular sections being freighted over to assemble into block housing. Unless all of that carbon to produce, truck and barge over violates another seemingly ambiguous policy at the MVC.
AMEN!
Nick Dean OBAMEN!
Mr. Aghassipour is being
Tis Adult TisburyMr. Aghassipour is being unfairly targeted. He has a valid and approved permit. Obviously, his neighbors do not like him or his project and are doing everything they can to end the project via harassment. I hope he prevails with his lawsuit in this case. And, are all these signs seen about the island against this project complaint with the various sign regulations? Let those complaints beging
These are troubled times we
Tom Engley. West TisburyThese are troubled times we live in when our future leader lives by the law of suing. Deep pockets rule. The Vineyard I grew up with is gone forever.
Fact: The original request
Amy EdgartownFact: The original request /permit was for a single family residence. Fact: Town zoning bylaw prohibits renting to more than five people who are not related.
Mr. Aghassipour has been historically disingenuous in his plans vs the reality of his projects. I hope the town/ MVC can prevail in this case.
People keep complaining about
Jj OakbluffsPeople keep complaining about housing in casual talks. “I grew up here… theres no housing available for teachers.. “ if we need housing , then we allow house developments, its a free market, a capitalistic state, less restrictions to build more housing - to house people , residents sometimes go great lengths to stop developments and continue the scarcity of housing and increase their home equity! People who need housing have no voice- in the meantime land bank keeps grabbing all the land they could in the name of preservation.
Im a neighbor at one of
Jj Oak bluffsIm a neighbor at one of Xerxes place and he has always been helpful and resourceful. Always friendly and treats his employees with respect.
Lest we not forget...This
Gregory W EdgartownLest we not forget...This developer pulled a permit for a "single family dwelling". 97 Spring Street was over 100+ yrs old when it was demolished without a permit by this developer. The demolished house was 1,880 sq.ft. The new house is 6,700 sq.ft. The former back yard with its mature vegetation has been replaced with a parking lot for 9+ cars. The developer has admitted that his goal for this "single family dwelling" is to house transient workers. Who isn't "playing fair" in this scenario? ? Who is the bully? Emotions aside.. This property should adhere to the current Tisbury bylaws for the R10 Single Family Dwelling and caution should be at an all time high to stop enabling developers with deep pockets to sidestep local bylaws.
So now if an island family
Geraldine Brooks West TisburySo now if an island family wants to object, as is its right, to a highly questionable, rule bending or even rule violating development right next door to them, they're gonna be sued for it? This is outrageous behavior by Mr Aghassipour. He should make his case to the MVC, and stop bullying and intimidating people with lawsuits just because he has pockets deep enough and he presumes they don't. If he wins, we all lose.
The developer abided by all
Enough Already Oak BluffsThe developer abided by all applicable rules and regulations according to the town. What else should he have done?
In my opinion, Leigh Cormie
JAMcNary VHIn my opinion, Leigh Cormie is a stalwart, solid, smart, good person, and I, for one, trust his decisions.
I see the friends of the
Bob Kelly Oak BluffsI see the friends of the person who filed their lawsuit have made most of the comments thus far. I don't see why developers come to the island to make money when they know that expanding old buildings to have the biggest footprint available will put them at odds with the neighbors and town. Yes we need housing but look at some of the other projects that are not in the middle of an area that is already developed. He needs to find another project or scale down this one, not file lawsuits.
...BUT EXACTLY THIS!!
Dontwant 2B Sued Martha's Vineyard...BUT EXACTLY THIS!!
Gregory W, Edgartown
Lest we not forget...This developer pulled a permit for a "single family dwelling". 97 Spring Street was over 100+ yrs old when it was demolished without a permit by this developer. The demolished house was 1,880 sq.ft. The new house is 6,700 sq.ft. The former back yard with its mature vegetation has been replaced with a parking lot for 9+ cars. The developer has admitted that his goal for this "single family dwelling" is to house transient workers. Who isn't "playing fair" in this scenario? ? Who is the bully? Emotions aside.. This property should adhere to the current Tisbury bylaws for the R10 Single Family Dwelling and caution should be at an all time high to stop enabling developers with deep pockets to sidestep local bylaws.
Is this a single family
AnonymousIs this a single family permit or not?
Just 1 question: is this or
mike kelfer chilmarkJust 1 question: is this or is this not going to be a "single family" home.
If not, why was this application submitted as such ? OK that's 2 questions.
"Sounds" like rules-skirting. Leaves a bad taste. Regardless of your thoughts about the dire need for worker-housing,I can certainly understand the ire of the abutters and Spring St residents. Many(maybe most) of us would be NIMBY in a similar situation.
I can’t comment on Mr
Neil Zaffin 86 State Road, Vineyard HavenI can’t comment on Mr Aghassipour’s lawsuit because I don’t know many of the details of the case but I’ve had direct business dealings with him this past year concerning the temporary rental of our house by working members of the windmill project and not only was he cordial, communicative and a man of his word with regards to the rental but his tenants were neat and respectful of our house and our neighbors. I would welcome them back anytime.
NZ
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