Assembly Square strip mall deemed invalid by court, city will appeal
By George P. Hassett

The zoning changes that allowed the new mall at Assembly Square to be built have been ruled as a violation of state law by a Land Court judge.
Judge Alexander H. Sands III ruled, in a decision dated March 7, that permits granted to developers Federal Realty are invalid because the city’s zoning laws do not comply with state uniformity requirements.
The lawsuit was brought against the city by members of the Mystic View Task Force, a grassroots group of local activists.

   The ruling could have serious consequences for the city and the developers, said Alderman-at-Large William A. White, who voted against the zoning in 2004.
   ‚ÄúIt is possible that the mall might have to be knocked down,‚Äù said White.
    The mall is now home to TJ Maxx, Christmas Tree Shops and Staples.
    But city officials said the ruling is not a major obstacle and they will challenge it.
    ‚ÄúWe‚Äôre planning to appeal, but we don‚Äôt  see this decision having any adverse impact on the re-tenanted mall ‚Äì which has been a major success ‚Äì or on Federal Realty‚Äôs plans and timetable for future development at Assembly Square,‚Äù said Mayor Joseph A. Curtatone in a press release.
     A spokesperson for Federal Realty Investment Trust said in a statement that the company is working with the city to address the legal issues raised in the new ruling.
    ‚ÄúWe do not believe that this issue will have an impact on our current operations at Assembly Square and we remain committed to moving forward in our efforts to develop Somerville‚Äôs vision of an urban village.‚Äù
    Federal Realty bought 39 acres in Assembly Square in 2005 for $64 million and went ahead with construction on the mall despite the pending lawsuit. In November of last year, the Christmas Tree  Shops was the first in a series of openings at the mall.
    Federal Realty also planned to build several mixed use buildings on their property featuring office, retail and living space. The city and Federal said they will continue with these plans, but   White said the ruling puts Assembly Square development in a ‚Äústate of limbo.‚Äù
     ‚ÄúI am concerned about the financial impact of the decision. My fear is that there will be no new development on which new tax revenue can be generated while this is being decided in the courts,‚Äù said White.
Wig Zamore, of the Mystic View Task Force, said the next decision is up to the city and the developers.
    ‚ÄúThey could vacate the mall, they could try to write another law to get around the zoning, or we could all sit down and try to come up with a reasonable, unified, master plan for Assembly Square,‚Äù he said. ‚ÄúWe don‚Äôt want to fight forever.‚Äù