Second resident group drops suit against proposed apartment building on Belgrade Avenue at West Roxbury Parkway

The Bellevue Hill Improvement Association in West Roxbury has dropped its lawsuit against a proposed five-story, 124-unit apartment building on the old Clay Chevrolet site on the Roslindale/West Roxbury line.

The group dropped its suit one day before Land Court Judge Kevin Smith was to hear motions in the case - the group's request to change its suit into a "ten taxpayer" suit to overcome objections by developer Jake Upton that none of its members actually live right next to the proposal, along with Upton's request that the judge simply dismiss the case altogether.

Smith is the same judge who had earlier ruled that he didn't think much of another suit brought by residents who lived near the site, but that they could continue if they put up a $200,000 bond to reimburse Upton should Upton prevail.

The Bellevue Hill group agreed to dismiss its suit "with prejudice," meaning it can't bring it again.

The end of both suits means Upton, who has a 99-year-lease on the parcel with owner Neal Clay, can get the permits he needs from the city to begin work on the project, which will include 21 affordable units. Both the BPDA and the Zoning Board of Appeal approved the project last year.