Category Archives: Wetlands

Appeals Court Revisits Adverse Possession of Undeveloped Land

The Massachusetts Appeals Court recently reviewed adverse possession of wild and wooded areas. In Paine v. Sexton, 88 Mass. App. Ct. 389 (2015), the Plaintiff campground operators asserted rights to property based on record title and adverse possession.  While it … Continue reading

Posted in Economic Development, Environmental, Open Space, Wetlands, Zoning | Tagged , , , , , | Leave a comment

On Solid Ground’s Top Five Stories of 2013

With 2013 coming to an end, it’s time to take a look back at the year that was.  Each year brings new developments in real estate, environmental and construction law, and 2013 was certainly no exception.  Here’s our pick for … Continue reading

Posted in Broker Liability, Construction, Contracts, Environmental, Hazardous Materials, Municipal, Wetlands, Zoning | Tagged , , , , , , , | 1 Comment

Contractors & Property Owners Beware: SJC Decision Highlights Risk of Penalties for Environmental Violations

The Supreme Judicial Court’s (SJC) recent decision in Franklin Office Park Realty Corp. v. Comm’r of Dept. of Envt’l Protection, 466 Mass. 454 (2013), is a good news, bad news proposition for Massachusetts property owners and contractors.  At issue in … Continue reading

Posted in Construction, Environmental, Hazardous Materials, Wetlands | Tagged , , , , , , , , , | Leave a comment

Supreme Court Ruling a Victory for Developers’ Fifth Amendment Property Rights

The U.S. Supreme Court issued its ruling today in the closely-watched Koontz v. St. Johns River Water Management District case.  The decision is a major victory for private property rights, particularly in the land use permitting context. In a 5-4 … Continue reading

Posted in Construction, Environmental, Municipal, Open Space, Wetlands, Zoning | Tagged , , , , , , , | 1 Comment

MassDEP Issues Emergency Regulations for Post-Storm Cleanup from Hurricane Sandy

MassDEP has issued emergency regulations to specify the procedures for post-storm cleanup in the wake of Hurricane Sandy.  The emergency regulations will remain in effect for 90 days from October 26, 2012 to January 24, 2013.  The emergency regulations allow … Continue reading

Posted in Environmental, Municipal, Wetlands | Tagged , , , , | Leave a comment

UPDATE: Permit Extension Act Extended

As an update to our previous post, the Jobs Bill signed by Governor Patrick this week amended the Permit Extension Act by adding two additional years to both the tolling period and the expiration period for state and local land … Continue reading

Posted in Construction, Economic Development, Environmental, Municipal, Wetlands, Zoning | Leave a comment

SJC: Involuntary Waiver of Wetlands Decision Deadline Invalid

A common practice by conservation commissions in which they preemptively extend their own deadlines under the state Wetlands Protection Act has been struck down by the Supreme Judicial Court. In this week’s Garrity v. Conservation Commission of Hingham decision, the Supreme Judicial … Continue reading

Posted in Environmental, Municipal, Wetlands | Leave a comment

Southborough Approves 40B Project on Route 9

As an update to our earlier post on 40B projects in the Boroughs+ area, the Southborough Zoning Board of Appeals has issued its final approval of the proposed Madison Place apartment complex on Route 9.  The Southborough Conservation Commission has also approved the … Continue reading

Posted in Construction, Southborough, Wetlands, Zoning | Tagged , , , , | Leave a comment

Extension of the Permit Extension Act?

This gallery contains 2 photos.

Projects on the back burner may soon have some additional time to simmer. Throughout the recent recession and slow recovery, stalled projects that had obtained state or local land use approvals (special permits, orders of conditions, etc.) have been at risk … Continue reading

Gallery | Tagged , | 1 Comment

Appeals Court Sides with MassDEP in Brockton Power Plant Dispute

 In another example of Court deference to agency decisions, the Massachusetts Court of Appeals in Conservation Comm’n of Brockton v. Dept. of Envt’l Protection has upheld a MassDEP permit authorizing the construction of a 350 megawatt power plant near the … Continue reading

Gallery | Tagged , , , , , , , , , | Leave a comment