WESTFIELD – City Solicitor Susan C. Phillips said that her office received notice this week that the Supreme Judicial Court of the Commonwealth would be “waiving their own 130 day rule” on the appeal of the Article 97 decision on the Cross St. playground/Ashley Street school building project.
Westfield City Soliciitor Susan C. Phillips (WNG File Photo)
“Pretty standard,” Phillips said, adding that it means the court didn’t make a decision yet. “It would have been this week,” she added.
The appeal took place on April 6 at the statehouse in Boston. Phillips and Mayor Brian P. Sullivan attended the hearing for the City of Westfield. Plaintiffs Thomas Smith, his brothers and supporters also attended.
The case ultimately rests on the interpretation of Article 97, and whether the 1.37 acres of the playground adjacent to the former Ashley St. school property to be taken for the school building project is Article 97 protected land.
Phillips said that the court was well-prepared for the hearing, having read all of the briefs. Each side got fifteen minutes to state their case.
She said the decision could still happen soon, adding that the court makes decisions every day that are posted on their website by 10 a.m. Meanwhile, she said they’ll be “waiting, waiting, waiting.”
“I’m optimistic at some point we’ll have a decision,” said Phillips.
