Land Court Issues Ruling In Battle Of Wealthy Beverly Residents

BEVERLY, MA — The Massachusetts Land Court's ruling in favor of Evan Wile in his lawsuit against the Beverly Planning Board and Zoning Board of Appeals was the latest in a long-running dispute between wealthy neighbors in the Beverly Farms section of the city. The court ruling overturns decisions by the building inspector and the two boards that had denied Wile's building permit application.

Wile has been unable to build on the vacant land he in 1992, beating out Jeffrey Horvitz, an art dealer and scion of a wealthy Ohio family, who owned the abutting property. The 1.8-acre vacant lot includes a 1.1-acre private beach and Horvitz has maintained Beverly zoning laws prevent building on it.

But the court ruled that, contrary to the building inspector's ruling, the lot contained adequate frontage under Beverly zoning laws. The court said the existing access road "is more than adequate for fire and emergency access, and to find otherwise would be irrational, arbitrary and capricious, particularly in light of the board's treatment...similarly situated properties in the neighborhood."

It's not the first time the two sides have been in court. When the zoning board of appeals overturned a previous building inspector's decision to grant a permit to Wile, the Weston construction company owner appealed. Horvitz also filed a complaint accusing Wile of exposing himself, and Wile has accused Horvitz of assault. Horvitz won a $500,000 judgement in a 2001 nuisance lawsuit he filed against Wile.

A lengthy, 2016 Boston Globe article recounted other incidents in the long-running battle, including a claim that Wile lined up several porta potties on the property line. In 2002, former Mayor Tom Crean ordered police to shut down a party Wile had organized for the local YMCA after Horvitz complained.

In the case decided Tuesday, Wile had Charles Benevento apply for a building permit with the agreement he would purchase the property if the permit was approved. According to the Globe, Wile believed Horvitz would drop the fight if he knew it was someone other Wile who planned to move onto the lot.