Word: conservationism
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The formation of a historic district would have guaranteed the HSDF the legal standing to appeal any Commission decision that was made on development issues and thus it was rejected by the City Council. Under the Conservation District, the right of appeal is less clear.
"In my opinion, the Conservation District protects the Defense Fund's right to appeal," she says. "But we really hope that we won't be bringing any more lawsuits."
Gary D. Hammer, public approvals manager for Harvard Planning and Real Estate and a former member of the Conservation District Study Committee, says that while it is unclear whether the Defense Fund can appeal decisions as a formal group, other mechanisms are in place for an effective appeal.
The City Council tabled an amendment to the Conservation District legislation that would have limited standing of appeals for groups like the HSDF.
"The Defense Fund would have had a more problematic attitude toward the Conservation District if the amendment had passed," Nathans says.