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Municipalities MA Supreme Judicial Court

Pierce Atwood LLP

Mass. SJC adopts "totality of the circumstances” test to determine whether municipal land is held for a specific purpose

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In its recent decision in Carroll v. Select Board of Norwell (pdf), the Massachusetts Supreme Judicial Court (SJC) reaffirmed that where town-owned land is held for a specific purpose, M.G.L. c. 40, § 15A dictates that it...more

Bowditch & Dewey

SJC Issues Decision Encouraging Broad Application of Dover Amendment Protections

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In Hume Lake Christian Camps, Inc. v. Planning Board of Monterey, 492 Mass. 188 (2023), the SJC was tasked with deciding whether the Dover Amendment precluded the Town of Monterey from denying approval of a recreational...more

Robinson+Cole RLUIPA Defense

Massachusetts’ SJC Rules RV Camp Protected by Dover Amendment

The Supreme Judicial Court (SJC) of Massachusetts recently ruled that the RV Camp proposed by Hume Lake Christian Camps’ (Hume) was predominantly religious in nature and therefore qualified for protection under the Dover...more

Bowditch & Dewey

Regulation of Massachusetts Municipal Harbor Plans to be Reviewed

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In Armstrong v. Sec’y Energy & Envtl. Affairs, SJC-13210 (Mass. July 12, 2022), the Supreme Judicial Court (SJC) invalidated the April 2018 Boston Planning and Development Agency’s Municipal Harbor Plan for the Harbor Garage...more

Robinson & Cole LLP

Massachusetts SJC Sheds Light on Zoning Protection for Solar Facilities in Tracer Lane II Realty, LLC v. City of Waltham

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On June 2, 2022, the Massachusetts Supreme Judicial Court (SJC) issued its much-anticipated decision in Tracer Lane II Realty, LLC v. City of Waltham, SJC-13195, interpreting for the first time the statutory protection for...more

Partridge Snow & Hahn LLP

Massachusetts Supreme Judicial Court Issues Two Decisions Favorable to Marijuana Businesses

Two recent unanimous decisions from the Massachusetts Supreme Judicial Court confirm the supremacy of the state’s marijuana laws over local zoning restrictions. The decisions also indicate a tendency of the Supreme Judicial...more

Foley Hoag LLP - Cannabis and the Law

Massachusetts’ Highest Court to Hear Two Cases on Municipality Discretion in Cannabis Licensing

On February, 3, the highest court in Massachusetts, the Supreme Judicial Court (“SJC”) will hear two cases involving municipalities’ scope of authority in allowing adult-use cannabis businesses, Mederi Inc. v. City of Salem...more

Pierce Atwood LLP

Maine Law Court Restricts Use of Easements for Development Permits

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Recently,  the Maine Supreme Judicial Court (the Law Court) issued a decision that could impact developers’ ability to apply for development permits if the developer proposes to use property over which the developer has only...more

Pierce Atwood LLP

Breaking: Mass. High Court Rules Municipality’s Acquisition of Prescriptive Easement Isn’t a Taking

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In a rescript opinion issued yesterday in Gentili v. Town of Sturbridge (pdf), the Supreme Judicial Court (SJC) ruled that a municipality’s acquisition of a prescriptive easement over private property is not an eminent domain...more

Pierce Atwood LLP

Roma, III, Ltd. V. Board Of Appeals Of Rockport: Did The Supreme Judicial Court “Pave The Way” For Local Control Of Drones?

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Earlier this year, the Supreme Judicial Court (SJC) issued a relatively straightforward decision concerning heliports, home rule authority, and preemption – Roma, III, Ltd. v. Board of Appeals of Rockport....more

Pierce Atwood LLP

Mass. SJC Says Chapter 40B Doesn’t Authorize Override Of Municipally-Held Property Restriction

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In its recent decision in 135 Wells Avenue, LLC v. Housing Appeals Committee (pdf), the Massachusetts Supreme Judicial Court (SJC) confirmed that a property restriction held by a municipality cannot be overridden by the...more

Pierce Atwood LLP

When Is A Park Constitutionally Protected Parkland? Mass. SJC Re-Examines Test Under Article 97

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In a decision of interest to municipalities, conservation groups, and land use experts, the Massachusetts Supreme Judicial Court (SJC) recently decided that a public playground in the City of Westfield is parkland protected...more

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