Issue link: https://viewer.e-digitaledition.com/i/35050
standing to bring the permit appeal, and dismissed the case. This decision, initially overturned in an unpublished decision by the Appeals Court, was supported by the Supreme Judicial Court on all counts. The Supreme Judicial Court also noted that the test of measuring standing, or the degree of harm presented in any particular case, is one that is highly factual and properly lef t to the tr ial judge. The trial judge has the first-hand benefit of reviewing hearing testimony and docu- ments and viewing the subject property. In so doing, the trial judge is uniquely able to weigh the evidence to determine what is credible and to make fi ndings on what is speculative. The role of the appeals court, once such decisions have been made, is solely to determine whether the trial judge’s fi ndings were clearly errone- ous. These guidelines provide a potentially powerful change in the administration of zoning appeals going forward. Based upon Kenner, it will be much easier for trial courts to determine issues of standing and dispense with questionable cases in quicker fashion without cases lingering on appeal. Kenner provides a valuable relief valve to builders and developers who are troubled by abutter appeals. The decision is also helpful in providing support for recent legislation proposed by HBAM and cur- rently pending before the state Legislature. The HBAM proposal would remove the presumption of standing under c.40A. In addition, under the proposed legislation, abutters would be required to set forth the specifi c harm to his or her property, identify persons with knowledge of said harm and provide documents that support the allega- tions made in any appeal. If the abutter identifi es harm from traffi c, drainage and other impacts of a technical nature, he or she must include an affidavit from an engineer or other qualifi ed expert who can testify as to the impact of the alleged harm on the plaintiff’s property interest. This proposed legislation, if successful, will further discourage abutters from bringing spurious appeals. n