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Mass. "Unlocking Housing Production Commission” Recommends Land Use and Zoning Reforms

Last Friday, Massachusetts’ “Unlocking Housing Production Commission,” established by Gov. Maura Healey in October, 2023, released its report titled “Building for Tomorrow.” The report lays out a series of recommendations to...more

Real Estate Development in the Time of Coronavirus: Massachusetts – Update – October 2020

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

Massachusetts Passes Local Permitting Relief For COVID-19 Emergency

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

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

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

Trustee Of Realty Trust Saved From Application Of Merger Doctrine (At Least For Now)

The merger doctrine is alive and well in Massachusetts zoning law. In its recent decision in Kneer v. Zoning Board of Appeals of Norfolk, the Appeals Court examined whether the doctrine applies to property owned by a realty...more

Troubleshooters And Why Words Matter: Appeals Court Overturns Board’s Interpretation Of Zoning Bylaw

As municipalities assert more control over development, zoning bylaws become more complex. And as mechanics, programmers, and lawyers all know, when there are many parts, there are many more opportunities for things to go...more

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

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

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

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

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

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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