Shingle Place Hill: Appeal at Superior Court

June 3 2026 As we were preparing our brief for the appeal of the Superior Court decision to support the state Housing Appeals Committee in the case of the Shingle Place Hill development, the developer’s counsel filed a motion to force MECT and the Town of Manchester to post bonds in order for the appeal to proceed. Our legal team represented MECT well at the hearing last Thursday, which was attended by several MECT board members. The judge quickly rendered his decision the following day. The developer’s bond motion was DENIED. Another consequence of the developer’s bond motion is that the deadline for filing “briefs and appendix” has now been delayed by 90 days to September 17, 2026.
“...without the benefit of appellate briefing, the Court disagrees that the parties’ appeals are likely so lacking in merit that an appellate bond is warranted, especially as it relates to the ZBA’s appeal.”
— Excerpt from Endorsement on Motion for Appeal Bond (#29.0): DENIED
May 2026 In a desperate attempt to discourage our defense of Shingle Place Hill through an appeal of the Essex Superior Court decision, the opposition filed a motion to demand a bond from both MECT and the Town of Manchester. The opposition has already attempted this tactic, and was denied a bond a few months ago. The MECT team and the Town of Manchester counsel collaborated to jointly file opposition to the bond motion.
January 2026 The Manchester Essex Conservation Trust, the Ten Person Group and the Town of Manchester have all filed motions to appeal the recent Superior Court Decision, in a show of solidarity and continued impassioned defense of Shingle Place Hill.
Our resolve remains undaunted as we continue this lengthy battle to protect the beautiful and vulnerable area, including the waterway that meanders from Essex into the center of Manchester, and your water supply.
December 2025 While snow showers greeted the MECT’s representatives and legal team at the courthouse, the organization’s commitment to conservation was in full bloom at the recent hearing in defense of Shingle Place Hill. Matt Plum, President MECT summarized the events of the day, “MECT is here to make sure that the environment is a stakeholder in these proceedings, and we delivered on that objective today”.
Thomas Barrieau, MECT Board of Directors, commented “It was heartening to hear the strong case for overturning the Housing Appeals Committee (HAC) decision, presented by our attorneys at the hearing. We’ve known this is a marathon—not a sprint—from the beginning and it was great to see the ongoing commitment of the MECT board, as measured by their strong presence at the hearing. This fight takes tenacity and we have that in spades”
Responding to HAC’s attorney’s criticism that the MECT failed to present evidence before the HAC, the Court observed that MECT was not allowed to do so at the HAC’s hearing. MECT’s request to intervene was denied by the HAC.
“To deny MECT as an intervener, and then to pass over the entire body of the environmental experts’ testimony is to silence the voice of the environment, and today, with the town of Manchester, we demanded that it be heard. “ said Alida Bryant, as a member of the Ten Person Group, and former staff at MECT. In this instance – the rich biodiversity of the abutting, extensive conservation land, rare species, natural habitat, ground water, vernal pools, cold water fisheries, and the uplands that impact their vitality are at stake.
Our MECT and the Ten Person Group attorney, Dennis Murphy, of Hill Law, made it crystal clear in his argument that not only does this development fail to meet local standards, it doesn’t meet STATE storm water and surface water quality standards. The developer did not do the minimum of risk analysis or alternative analysis.
The enormous expanse of hard pavement will displace the shaded watershed, the mosses and rich forest floor, and, together with the heap of retaining walls, will undoubtedly raise the temperature of runoff water, and impact the sea run brook trout living in the cold water fishery stretching from Shingle Place Hill to the center of town, and out to the ocean.
The decision to remand back to the HAC is easy – two judges have already made that decision in very similar environmental cases cited by MECT counsel.
Gregory Crockett, Board of Directors, MECT noted, “What we saw at the hearing was four very good attorneys doing their best to convince the judge that their take on the issues at hand was the correct one. The judge was very well prepared and asked many thoughtful questions. Given the precedents, we remain hopeful that we will prevail.“
No decisions were expected, nor rendered at the hearing. The Court will proceed with a review of the records and motions for judgement that have been provided by the attorneys. Cases unrelated to Manchester, may provide additional precedent, and our counsel keeps a watchful eye. MECT is fortunate to have a strong ally in the Town of Manchester, and the steadfast encouragement and financial support of the community that makes this defense possible.
Shingle Place Hill References
Shingle Place Hill is located just north of the Route 128 Exit 50 interchange on School Street in Manchester. The forested knoll is situated between the Manchester-Essex Conservation Area and The Monoliths reservation. The entrance to the proposed project is opposite Atwater Avenue and Utopia Farms on School Street. If you are approaching the area from Essex, Southern Ave turns into School Street as you pass The Monoliths parking area. Stop by and see what the area looks like in its undeveloped state today, from the street and from the trails. Let’s keep it this way.
Video: Proposed Development at Shingle Place Hill
