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Judge questions merits of lawsuit against proposed Retreat housing development in Amherst

The plaintiffs have argued that The Retreat — a 123-unit, 641-bed project proposed for close to 150 acres set between Flat Hills Road, Henry Street and Market Hill Road — can only be built in residence-fraternity zoning districts, not in the outlying residence district, where student-exclusive housing is prohibited.

A telephone conference scheduled for March 4 was postponed when the attorney representing the plaintiffs, who are members of the Save Historic Cushman group, was unavailable.

The attorneys for W.D Cowls Inc. and Landmark Properties LLC, both named as defendants, were part of this session.

This prompted the judge to issue an order for the plaintiffs to “show cause” or else have the case dismissed.

Jack Hirsch, president of Save Historic Cushman, said in an email to the Gazette that the phone conference was a procedural matter and the plaintiffs will follow the judge’s order to show cause through a written statement.

“Our attorney will continue with plans to depose Landmark executive(s) as soon as it can be scheduled,” Hirsch said.

Legacy Comments3

Very misleading headline.

I totally agree with and second the comments of the above Ira. Though the headline is catchy the message conveyed is false and prejudicial to the Plaintiffs.

This article is very misleading. The judge is not questioning the merits of the lawsuit. It's about whether the abutters to the Cushman Forest have the right to have Amherst's totally clear zoning enforced. Some would have you believe they may not.

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