"We believe she does not have standing," Sean Fitzgerald, Mayor Dorothy Kelly Gay's spokesperson tells GlobeSt.com. "If the court determines that she does, we'll fight it on its merits and I believe we'll win."

In the memorandum of agreement that Taurus signed with the city here, Taurus is allowed to back out of the deal by April 1 if an appeal is filed against it. Local aldermen are concerned that Taurus might opt not to build here if the company has to deal with a lawsuit that could take a while to resolve.

The company did not return calls by presstime but officials with Home Depot have reportedly stated that the company is considering all its options. Local officials are also concerned that other developers will not even attempt to build here for fear of being dragged through the courts.

"The public should understand the potential ramifications of this suit," notes Fitzgerald. "This will have a direct impact on tax revenues and community benefits."

Taurus had planned to build a mixed-use development on its 26-acre tract at Assembly Square, which includes office space, a hotel and a park. As part of the deal, the company had also agreed to subsidize public arts, fund a feasibility study on a new MBTA stop here among other programs. There is concern that the appeals process could convince Taurus not to do anything.

Taurus has also recently presented plans to develop another site near the Assembly Square site. The $410-million project calls for a mixed-use development with office, retail and residential buildings. "They have hinted that they will pull that off the table," says Fitzgerald.

The task force was not available for comment but one of its members is quoted as saying that the appeal does not concern any other waterfront development on Assembly Square. It deals only with the special permit for a larger Home Depot that was issued by the Planning Board here.

Instant Insights /

Member of Citizen's Group Sues Taurus Over Development

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