(978) 979-1223

ccobb@silverlakelegal.com

Silver Lake Legal

Construction, Insurance & Business Attorney Boston

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Court to Hollister – Tear Down That Entryway Stair

The staircase entry to a Massachusetts Hollister retail shop was found to be an architectural access barrier.  Take it down the Board said.  The store appealed, arguing that people with physical challenges could easily get in through another, near-by entrance.

A brief and commentary about the decision in Massachusetts Appeals Court is here.

The store appealed to the Supreme Judicial Court of Massachusetts who decided in JM Hollister, LLC v Architectural Access Board 469 Mass 49 (2014)

The Architectural Access Board's determination of the credibility of the witness it heard, was enough to support their decision, that access to the store through the "central porch" had substantial benefit to persons with disabilities.

The store thought someone should carry out a cost benefit analysis but the Court did not.

COBB COMMENT - With administrative agency decisions the first hearing is often the time to make the best case.  Appeals Courts almost always defer to the expertise of the agency decision-makers.

 

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Charles W. Cobb

Attorney at Law


ADDRESS

320 Nevada Street Ste 301,

Newton MA 02460

EMAIL

ccobb@silverlakelegal.com

PHONE NUMBER

(978) 979-1223

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