The Supreme Judicial Court yesterday tossed out Canton's lawsuit against the proposed Westwood Station project in neighboring Westwood, ruling the town failed to file its complaints on time.
Canton argued state approval of the now stalled project was invalid because the town was never notified of a proposed sewer permit and so therefore the 30-day time limit for filing complaints had not started. Canton's main complaint with the project is really traffic along a street that runs from Westwood through Canton to 128, not the sewer work, which the town actually didn't object to. In addition, the town argued the 30-day period really only starts when the state approves whatever it is it's really opposed to, in this case, changes to Dedham Street.
The court however, said state law specifically states the 30-day period starts when a permit is issued for any part of a project and that, basically, tough titty, the fact that the state failed to notify the town of the sewer permit is not its concern because Canton knew the project was coming and that the state was considering granting approval and that if nothing else, it could have asked state officials to let the town know when the sewer permit was coming up, which apparently it didn't.
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