Category Archives: Zoning

Zoning Appeal Plaintiff Must Prove Standing, Even if Defendant Town Does Not Contest Issue at Trial

On Tuesday, the Appeals Court issued its opinion in Talmo v. Zoning Board of Appeals of Framingham.  Massachusetts suffers no shortage of case law on standing (the right to file suit) in zoning appeals.  In this case, the issue was … Continue reading

Posted in MetroWest, Uncategorized, Zoning | Tagged , , , | Leave a comment

Upset About Your Easement? Why You Might Reconsider Turning to the Zoning Act for Relief

In its recent June 2016 decision in Picard v. Zoning Board of Appeals of Westminster, et al., the SJC held that “a claimed injury to a private easement right [was not] sufficient to confer standing to challenge a zoning determination … Continue reading

Posted in Easements, Uncategorized, Zoning | Tagged , , , , , , | Leave a comment

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

Lt. Gov. Polito to Give Keynote at Boroughs+ Economic Development Summit on Jan. 26

Mirick O’Connell is proud to sponsor the Boroughs+ Economic Development Summit on January 26 at the Doubletree Hotel in Westborough.  The summit will feature a keynote address from Lt. Gov. Karyn Polito, followed by a panel discussion and Q&A.  To register for … Continue reading

Posted in 495/MetroWest Partnership, Economic Development, Marlborough, MetroWest, Northborough, Southborough, Uncategorized, Westborough, Zoning | Tagged , , , , | Leave a comment

Mirick O’Connell Hosts “Building the Boroughs+” Workshop On Improving Downtowns

Attorneys Art Bergeron and yours truly hosted a workshop for community leaders at the firm’s Westborough office on May 7th to share ideas and lessons learned on building and improving the downtowns in the Boroughs+ region.  The program reflected a … Continue reading

Posted in Construction, Economic Development, Zoning | Tagged , , , , , , , , , , | Leave a comment

A Lesson From Somerville: Better Zoning Promotes Economic Growth

Paul McMorrow wrote an interesting column in yesterday’s Boston Globe that deserves reading, particularly for those interested in crafting workable zoning codes and bylaws in our cities and towns.  The current zoning process in most Massachusetts communities, even for simple … Continue reading

Posted in Construction, Economic Development, 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

Judge Cutler Appointed as Chief Justice of the Massachusetts Land Court

Chief Justice Paula M. Carey of the Trial Court has appointed Justice Judith C. Cutler as the Chief Justice of the Massachusetts Land Court.  Judge Cutler will serve a five-year term starting on January 2, 2014.  She succeeds current Chief Justice … Continue reading

Posted in Municipal, Zoning | Tagged , , , | Leave a comment

Legislature’s $1.4 Billion Bond Bill Amends Controversial Chapter 40B

The Massachusetts Senate and House of Representatives recently passed a $1.4 billion bond bill authorizing, among other things, $500 million in repairs and improvements to public housing and $305 million for the Affordable Housing Trust Fund.  While the dollar amounts … Continue reading

Posted in Construction, Contracts, Economic Development, Municipal, Zoning | 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

Massachusetts Zoning Overhaul Winding Its Way Through Legislature, Its Future Unclear

By David McCay and Brian Casaceli In an earlier post in February, we reported on House Bill 1859, “An Act Promoting the Planning and Development of Sustainable Communities.”  The bill would make dramatic changes to Massachusetts zoning law and significantly alter … Continue reading

Posted in Economic Development, Environmental, Zoning | Tagged , , , , , , , , | 1 Comment

Towns Can’t Ban Marijuana Shops; Zoning Moratoria OK

Towns and cities may not use zoning to ban marijuana shops, according to a recent ruling by the Attorney General’s Office. Zoning Ban Struck Down As noted in a previous post, municipal officials have been considering zoning provisions aimed at … Continue reading

Posted in Municipal, Town Meeting, Uncategorized, Westborough, Zoning | Tagged , , , , | Leave a comment