Lawsuit delays land purchase in Amherst

By JAMES F. LOWE Staff Writer

Published on February 26, 2010

NORTHAMPTON - A judicial ruling likely will delay the acquisition of 65 acres of conservation land by the town of Amherst.

Part of a larger tract at 339 Amherst Road in Pelham, the land is owned by Harry L. Adriance. Town Meeting members voted unanimously in November to buy the land for $170,000 and preserve it as a "high priority" watershed protection area. The town is seeking an $85,000 Department of Environmental Protection grant to offset the cost.

According to town records, the land is about a mile and half upstream from reservoirs that provide some of Amherst's drinking water.

The sale was imminent, but now there's a problem. According to a lawsuit filed earlier this month in Hampshire Superior Court, the 89-year-old Adriance is $82,425 in debt to the Cozy Corner Nursing Home in Sunderland, where he has been receiving care since May.

Last week, Judge Mary-Lou Rup granted a request by the nursing home to freeze the sale of the land until the lawsuit is resolved.

According to the nursing home's lawsuit, Adriance was turned down for state health care benefits, and the only way he could cover his bill is by selling the property and turning the proceeds over to Cozy Corner.

Adriance, as well as his revokable trust and trustee Gladys Martin, are named as defendants in the lawsuit. The nursing home is represented by Cambridge attorney Deborah Masterson, and Adriance is represented by Greenfield attorney Timothy Flynn.

Flynn said in court Friday his client has already entered into purchase and sale agreements for different pieces of the land with Amherst and two other buyers.

Town records indicate Amherst officials were working with "conservation-minded buyers" interested in the 16 acres of the Adriance property that the town is not buying. It was unclear who those buyers are.

James F. Lowe can be reached at jlowe@gazettenet.com.