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Category Archives: Zoning
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
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
SJC Reverses Appeals Court on Standing Requirements Under the Zoning Act – With Record Speed
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
Building on Lands Formerly Used as Railroad Right-of-Ways- An Amendment That May Simplify the Permitting Process
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 Department of Transportation, DOT, Permitting, Railroad Right-of-Way, Title
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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 Framingham, Hon. Howard Speicher, Massachusetts Appeals Court, standing
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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 40A, Easements, person aggrieved, Picard, standing, Westminster, Zoning Board of Appeals
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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
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
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
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
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 DeWolfe, Kootz v. St. Johns River Water Management District, marijuana dispensaries, Massachusetts Appeals Court, Massachusetts Contingency Plan, Massachusetts Department of Environmental Protection, Perini Corp., Supreme Judicial Court
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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
On Solid Ground: The Mirick Real Estate Law Blog 