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Author Archives: Erik McHale
A Classic Distinction Between Legal Remedies and Equitable Remedies: 1st Circuit Overturns Decades-Old Precedent On Citizen Enforcement of Clean Water Act
The First Circuit recently overturned a thirty-one year old decision on citizen enforcement of the Clean Water Act (CWA). The now-overruled decision is North and South Rivers Watershed Ass’n v. Town of Scituate, 949 F.2d 552 (1st Cir. 1991), in … Continue reading
Posted in Clean Water Act, Environmental
Tagged Clean Water Act, Environmental, First Circuit
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Municipal Law: Supreme Court Lightens Up On Standard of Review for Certain Sign Bylaws
Recently, the Supreme Court addressed a challenge from two private entities related to the constitutionality of a sign bylaw (“Bylaw”) instituted by the City of Austin (“City”). In City of Austin v. Reagan National Advertising of Austin, LLC, et. al., … Continue reading
“A Trap for the Unwary:” Bankruptcy Court Declares Debtor’s Homestead Deficient
In In re Luu, Danny Luu (the “Debtor”) argued that he had a homestead exemption in the amount of $324,960.00. He argued that because he filed a homestead declaration on March 18, 2021—just two days prior to filing his Chapter … Continue reading
State’s Highest Court to Determine Scope of Dover Amendment Solar Protection in M.G.L. c. 40A
Last week, the SJC heard oral arguments for a case that is anticipated to potentially impact municipal zoning, specifically in the realm of solar energy projects. The outcome of this case will either aid or inhibit a municipality’s ability to … Continue reading
On Solid Ground: The Mirick Real Estate Law Blog 