Landowners on new Marshall site may go to court to stall construction

LYNN – An attorney representing three Brookline Street landowners slated to lose their land and homes to the Marshall Middle School project said he is weighing a decision to file a court challenge potentially delaying the school’s construction.Peter Flynn of Saugus said the challenge – if he files it on behalf of a Marlborough developer and two homeowners – will focus on the process used by the city to develop the project, not the city’s right to take his clients’ land.”We think the process from the get-go has been a problem. If we challenge the process that will delay the school. That’s being contemplated,” Flynn said on Tuesday.City officials plan to build the $92 million, 1,100-student school on vacant land between Empire and Chatham streets. The project won support in September from local voters and initial approval from state school building officials.City assistant solicitor George Markopoulos said appraisals are being conducted on two homes at 112 and 114 Brookline St. Once they are finished, city lawyers will submit requests to take the two properties to the City Council as part of the process involved in paying the property owners for their land and homes.”We hope to have it done by the end of this year,” Markopoulos said.Flynn did not elaborate Tuesday on what elements of the Marshall planning process he might challenge.Flynn placed the value of each home at roughly $250,000, although 2012 city assessing records listed 112 Brookline, owned by Nadine and Jeffrey Donovan, at $165,000, and valued 114 Brookline, owned by Carlos Hernandez, at $141,600.Hernandez’ tenant, Janet Rosario, on Tuesday said she has lived on Brookline Street for four years and does not look forward to finding a new home for her dogs, Nany and Benji.”It’s a quiet neighborhood with not a lot of traffic,” she said.Rosario said she is worried her pets will prevent her from moving into an apartment building but said she understands the city needs new schools.”But families need their homes,” she said.A Marlborough developer owns the Marshall site land and Cricket Realty Holdings has filed a Superior Court complaint challenging the taking. Flynn said Cricket estimates the land is worth about $6 million compared to the $1.3 million the City Council approved paying the developer when councilors voted in May to allow the city to take the Brookline Street site.Markopoulos said the city has retained a property value expert to weigh in with an opinion on the site’s value. Rosario said she has one concern about the Marshall project.”I’m going to have to move,” she said.