(already subscribe? log in).

Marblehead home razed after 18-year legal battle

THIS STORY APPEARED IN
Boston Articles
February 22, 2012|By Brian MacQuarrie
  • After an 18-year legal battle that pitted neighbor against neighbor, this house at 74 Rubier Road in Marbelhead was razed             today. The neighbors said the house, valued at $1 million, reduced their access to light, views and air.
After an 18-year legal battle that pitted neighbor against neighbor, this… (Jerry Wishnow for the Boston…)

MARBLEHEAD - In the end, the giant claw of an oversize backhoe needed only hours to do what 18 years of litigation, hundreds of thousands of dollars in legal fees, and a bottomless well of angst and acrimony had been unable to accomplish before yesterday.

Beginning about 7:15 a.m., by court order, Wayne Johnson’s 5,000-square-foot, million-dollar house overlooking Marblehead Harbor finally came tumbling down.

Johnson, a financial adviser in his 70s, is moving to a rental apartment in Salem, ready “to pick himself up and start a new life in a new location,’’ said David Noonan, his attorney.

But Johnson’s neighbors in Marblehead, pediatricians John and Ruth Schey, are basking in the unfamiliar glow of natural sunshine, unblocked by the 35-foot-tall house that rose beside them in the mid-1990s, their attorney said.

“For the first time, it was light inside this beautiful house,’’ Frank McElroy, the Scheys’ attorney, said yesterday morning.

Massachusetts Land Court ruled in 2000 that the Johnson home on Bubier Road must come down, because the lot on which it sat did not meet the town’s minimum-width requirements, McElroy said.

But a string of expensive appeals, which featured a battle of intractable wills between neighbors who lived only 28 feet apart, led to a dozen years of waiting and wondering.

The legal fight effectively ended in December when Johnson withdrew his latest zoning appeal, McElroy said.

For the embattled homeowner, the fight has been a demoralizing setback, his attorney said.

“It’s been pretty devastating. Most people when they’re 74 years old are looking forward to retirement,’’ Noonan said of Johnson, who is divorced. “It would strike me that life is too short for people to be so vindictive, so vengeful.’’

Johnson “lost the battle, but I think the real sad portion of the story is that an accommodation could not have been made with the Scheys,’’ Noonan said. “I’m sure they’re drinking margaritas’’ in celebration.

Neither the Scheys nor Johnson could be reached for comment yesterday.

Noonan said that Johnson had offered to swap homes with the Scheys, who then would have had a wide view of the harbor and Marblehead Neck. Yesterday, McElroy scoffed at the recollection of that overture, as well as a proposal to alter the building plans.

“They were jokes,’’ McElroy said. “My clients’ house is a beautiful, absolutely gorgeous, shingle-style house that is designed for where it’s built. The place he built was not very interesting or nice.’’

Advertisement
Advertisement
|
|
|
|