Applicants for new/renewed licenses must address climate issues -
The Massachusetts Department of Environmental Protection (MassDEP) is proposing regulatory revisions in response to the effects of a changing climate,...more
We bring to your attention this post by our colleague Randy Rich of Pierce Atwood’s Energy Infrastructure Group on the 9th Circuit’s decision earlier this week in California Restaurant Association v. City of Berkeley, No....more
In this April 2021 blog post we discussed the Superior Court’s decision in Armstrong vs. Theoharides. Since then the Supreme Judicial Court (SJC) took the case on direct appellate review and earlier this week the SJC issued...more
On June 15, 2021, the state of emergency enacted by Massachusetts Governor Charlie Baker on March 10, 2020 expired. During the state of emergency, state and local permits were extended and certain provisions of the Open...more
In Cobble Hill Center LLC v. Somerville Redevelopment Authority (pdf), the Massachusetts Supreme Judicial Court (SJC) upheld the eminent domain taking by the Somerville Redevelopment Authority (SRA) of 3.99 acres of land...more
On May 17, 2021, Massachusetts Governor Charlie Baker announced that the state of emergency declared on March 10, 2020 will likely end on June 15, 2021. Both state and local permits were extended while the state of emergency...more
The Superior Court’s April 1, 2021 decision in Armstrong v. Theoharides (pdf) was no April Fool’s joke and could have far-reaching consequences for Massachusetts waterfront development. In a case against the Secretary of...more
Year after year, the Massachusetts Legislature considers bills to change General Laws Chapter 40A, or the Massachusetts Zoning Act. Many prior changes were fairly minor, but on January 14, 2021, Governor Charlie Baker signed...more
On November 10, 2020, Governor Charlie Baker signed legislation that now requires most municipal boards and commissions to move forward on permit applications by December 1, 2020 unless the secretary of housing and economic...more
NEW GUIDANCE ON PUBLIC HEARINGS ON HOUSING PROPOSALS -
The Massachusetts Department of Housing & Community Development (DHCD) recently issued guidance for municipalities regarding housing development. This guidance...more
10/20/2020
/ Affordable Housing ,
Centers for Disease Control and Prevention (CDC) ,
Community Development ,
Construction Project ,
Coronavirus/COVID-19 ,
Eviction ,
Foreclosure ,
Housing Developers ,
Moratorium ,
Municipalities ,
Permits ,
Real Estate Development ,
State of Emergency ,
Urban Planning & Development
In its decision last week in Town of Sudbury vs. Massachusetts Bay Transportation Authority, the Massachusetts Supreme Judicial Court (SJC) declined to expand the reach of the common-law prior public use doctrine. As the...more
10/1/2020
/ Amicus Briefs ,
Easements ,
Electricity ,
Eminent Domain ,
Failure To State A Claim ,
MA Supreme Judicial Court ,
Public Interest ,
Public Land ,
Public Use ,
Right of Way ,
Standing ,
State Constitutions ,
Transmission Lines
The state moratorium on residential evictions, certain residential foreclosures, and certain commercial evictions (Chapter 65 of the Acts of 2020) remains in effect through October 17, 2020....more
9/9/2020
/ CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Eviction ,
Financial Distress ,
Foreclosure ,
Infectious Diseases ,
Landlords ,
Moratorium ,
Public Health ,
Relief Measures ,
Rent ,
Rental Property ,
Tenants
On July 2, 2020, Massachusetts Governor Charlie Baker issued a new state permitting order that rescinds and replaces his March 26, 2020 order. The new order sets specific dates for agencies to take action and for appeals of...more
Massachusetts Supreme Judicial Court: No Further Deadline or Statute of Limitations Extensions -
On June 24, 2020, the Massachusetts Supreme Judicial Court (SJC) issued an order further staying certain hearings and trials...more
Supreme Judicial Court Issues Order Signaling End of Deadline and Statute of Limitations Extensions -
On May 26, 2020, the Supreme Judicial Court (SJC) issued an order further staying certain hearings and trials and limiting...more
GOVERNOR BAKER EXTENDS ORDER REGARDING BUSINESSES AND GATHERINGS -
On April 28, 2020, Massachusetts Governor Charlie Baker extended his previous order disallowing many businesses to have employees in brick-and-mortar...more
On April 20, 2020, Massachusetts Governor Charlie Baker signed House Bill 4647 (the Act), which prohibits certain evictions and foreclosures due to the economic effects of the COVID-19 pandemic. ...more
On April 3, 2020, Massachusetts Governor Charlie Baker signed into law Chapter 53 of the Acts of 2020, an Act To Address Challenges Faced by Municipalities and State Authorities Resulting from COVID-19. ...more
New Supreme Judicial Court Order Clarifies Impact on Statutory Appeal Periods -
On April 1, 2020, the Massachusetts Supreme Judicial Court issued a new order that will go into effect on April 6, 2020. The order states that...more
SUFFOLK COUNTY REGISTRY OF DEEDS -
Staff at the Suffolk County Registry of Deeds is currently unable to review and record mailed documents, per this notice posted on the registry’s website. ...more
STATE PERMITS AND APPROVALS -
On March 26, 2020, Massachusetts Governor Charlie Baker issued COVID-19 Executive Order No. 17, which applies to state permits and approvals. ...more
The abrupt halt to day-to-day operations over the last two weeks is forcing a series of unwelcome decisions on Massachusetts real estate developers. While many activities are sharply curtailed, including construction in...more
LAND COURT -
On March 25, 2020 the Land Court issued guidance regarding approvals by title examiners while the court remains open for emergency business only. ...more
Update: We have learned that effective March 16, 2020, MassDevelopment implemented modified work rules to prevent and mitigate the spread of coronavirus. MassDevelopment employees are now working remotely to continue the...more
In my post last week on Pishev v. City of Somerville, I mentioned that the Supreme Judicial Court (SJC) would be soon deciding another important urban renewal case, Marchese v. Boston Redevelopment Authority. It turns out...more