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Health & Fitness

Case Estates: Enforcing our purchase contract with Harvard

You may have seen that your Board of Selectmen recently voted to file suit against Harvard University to get them to comply with the terms of the purchase and sale agreement which we concluded with them.  As I've noted already, this is not a decision we reached lightly.  Lawsuits take time and money.  But, we felt this was the only reasonable option open to us, as stewards of the town's interests.

I wanted to discuss the reasoning behind this action because some residents who have not been a part of the ongoing negotiations and discussions have questioned whether we should take this course. 

First, a bit of history.  When Town Meeting decided to pass the Community Preservation Act, the most prominent need cited was protection and preservation of the Case Estates land.  When the opportunity to purchase the Case Estates was brought to Town Meeting in 2006, it passed unanimously.  The desire to preserve the view scape and ensure that the land not be developed was clear.

Since the contract was first executed contamination was found on the property and a revised agreement was agreed to in 2010 and also passed by Town Meeting.   More contamination was subsequently found.  Harvard completed its environmental filings in the fall of 2013.  
Also, late in 2013, Harvard notified the town that it considered the purchase agreement void because as a result of the contamination it was impossible to comply with the terms of the agreement.  The members of your Board of Selectmen, in consultation with legal counsel, disagreed with this assessment as the agreement explicitly contemplates the necessary steps to deal with contamination.  

Our decision to file suit is primarily based on three important considerations:

1) to comply with the longstanding interest of residents to control the fate of this important historic property in the heart of our town,

2) to prevent Harvard from subsequently selling the property to a developer who could do the necessary cleanup and construct high-density housing, and

3) to ensure that all parties doing business with the Town of Weston understand that we will vigorously defend the rights established through deals we have negotiated in good faith.

Not many people enjoy being party to a lawsuit.  You can count me among them.  But they have their place, and regrettably, this is one of them.

I'd be happy to answer questions that residents may have about this important issue.

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