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
In its eagerly anticipated decision issued this morning in Attorney General v. Town of Milton, the Supreme Judicial Court (SJC) has ruled that the MBTA Communities Act (the Act), which former Governor Charlie Baker signed...more
The Supreme Judicial Court (SJC) last week gave real estate litigators an early holiday gift: an important, clarifying opinion on a recent amendment to Section 17 of M.G.L. c.. 40A (the Zoning Act), which governs appeals to...more
In its recent decision in Allegaert v. Harbor View Hotel Owner, LLC, the Massachusetts Appeals Court reversed in part two Superior Court judgments dismissing the plaintiffs’ zoning appeals. In the process the Appeals Court...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
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
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
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
This week, Boston Mayor Marty Walsh’s office announced a new protocol for re-starting city construction projects deemed “essential.” In mid-March, in response to the COVID-19 pandemic, Walsh ordered most construction in the...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
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
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
In what passes for high drama in the world of Massachusetts land use law, the Supreme Judicial Court (SJC), after hearing oral argument last Thursday in an important case involving standing in zoning appeals, entered an order...more
3/10/2020
/ Appeals ,
Article III ,
Building Permits ,
Construction Project ,
Dismissals ,
Judicial Review ,
MA Supreme Judicial Court ,
Oral Argument ,
Real Estate Development ,
Reversal ,
Standing ,
Urban Planning & Development ,
Zoning Maps
In a noteworthy decision yesterday, the Supreme Judicial Court (SJC) reaffirmed that the exemption in the state’s Zoning Act, M.G.L. c. 40A, for uses deemed to be “for educational purposes,” is construed very broadly. That...more
9/24/2019
/ Educational Institutions ,
Exemptions ,
Health Care Providers ,
Inpatient Rehab Facilities ,
Local Ordinance ,
Psychiatric Hospitals ,
Real Estate Development ,
Regulatory Standards ,
Religious Schools ,
State and Local Government ,
Urban Planning & Development ,
Zoning Laws
Two bills pending at the Massachusetts State House would amend the state Zoning Act, known as Chapter 40A, which governs zoning in every Massachusetts city and town except Boston. The Zoning Act is seldom amended, even though...more
8/26/2019
/ Appeals ,
Construction Project ,
Evidentiary Hearings ,
Infrastructure ,
Legislative Agendas ,
Pending Legislation ,
Real Estate Development ,
Standing ,
State and Local Government ,
Urban Planning & Development ,
Zoning Laws
In its recent decision in RCA Development, Inc. v. Zoning Board of Appeals of Brockton (pdf), Massachusetts’ Supreme Judicial Court (SJC) considered whether a division of land into two lots accomplished solely by deeds...more
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
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
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
In its recent decision in Taylor v. Martha’s Vineyard Land Bank Commission, the Supreme Judicial Court (SJC) put the brakes on a trend toward eliminating bright lines in the enforcement of easement rights.
The Facts...more