Category Archives: Zoning

SJC Reverses Appeals Court on Standing Requirements Under the Zoning Act – With Record Speed

Posted on March 11, 2020 by

All zoning conformities are alike, to rephrase Tolstoy’s famous opening line, but each zoning-related injury is injurious in its own way. Such has been the time-honored tenant of Massachusetts law for abutter standing under the Zoning Act.  To successfully challenge … Continue reading →

Posted in Zoning | Tagged , ,

Building on Lands Formerly Used as Railroad Right-of-Ways- An Amendment That May Simplify the Permitting Process

Posted on June 12, 2019 by

For the last forty-five (45) years, obtaining a permit to build any type of structure on any former railroad right-of-way in the Commonwealth of Massachusetts has been far from seamless. Massachusetts General Law c.40 §54A, enacted by the legislature in … Continue reading →

Posted in Permitting, Railroad Right-of-Way, Zoning | Tagged , , , ,

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

Posted on July 27, 2018 by

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

Posted on July 26, 2016 by

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

Posted on May 4, 2016 by

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

Posted on January 21, 2016 by

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

Posted on May 27, 2015 by

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

Posted on June 18, 2014 by

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

Posted on December 30, 2013 by

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

Posted on November 22, 2013 by

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

Posted on August 21, 2013 by

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

Posted on June 25, 2013 by

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