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Tag 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
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
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
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
Pending Legislation Would Dramatically Reform Massachusetts Land Use Law
The latest effort to overhaul Massachusetts land use law is backed by a coalition of planning, environmental and housing organizations. “An Act Promoting the Planning and Development of Sustainable Communities”, House Bill # 1859, was introduced on Beacon Hill last … Continue reading
Posted in Economic Development, Environmental, Municipal, Zoning
Tagged Economic Develpment, Environmental, Municipal, Zoning
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Southborough Grappling with Open Space Concerns in Proposed Zoning Bylaw
We have been tracking Southborough’s ongoing efforts to update and modernize its Zoning Bylaw for many months here at the Mirick Real Estate Law Blog. See previous posts here, here, here and here. As reported recently in the MetroWest Daily … Continue reading
Posted in Economic Development, Open Space, Southborough, Town Meeting, Zoning
Tagged Economic Develpment, Open Space, Southborough, Town Meeting, Zoning
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SJC Again Rebuffs Local Attempts to Control 40B Low-Income Housing Developments
Zoning Board of Appeals of Sunderland v. Sugarbush Meadow, LLC is the Supreme Judicial Court’s (SJC) latest snub to municipal attempts to control the development of low income housing. Despite testimony from the Town’s Fire Chief that the Town lacks … Continue reading
Appeals Court Ruling Promotes Expedited Resolution of Land Use Disputes
In 2006, then-Governor Mitt Romney signed into law “An Act Relative to Streamlining and Expediting the Permitting Process in the Commonwealth.” The Act created a designated “permit session” in the Land Court designed to handle all permit-related litigation involving large … Continue reading
Southborough Releases Comparison Showing Proposed Zoning By-Law Changes
After much delay and not without some controversy, the Town of Southborough has released a comparison of its new proposed Zoning By-Law showing the changes from the existing By-Law. The 119-page comparison document is available on the Town’s website here. … Continue reading
Posted in Southborough, Town Meeting, Zoning
Tagged Southborough, Town Meeting, Zoning
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On Solid Ground: The Mirick Real Estate Law Blog 