Judge Cutler Appointed as Chief Justice of the Massachusetts Land Court
Chief Justice Paula M. Carey of the Trial Court has appointed Justice Judith C. Cutler as the Chief Justice of the Massachusetts Land Court. Judge Cutler will serve a five-year term starting on...
View ArticleOn Solid Ground’s Top Five Stories of 2013
With 2013 coming to an end, it’s time to take a look back at the year that was. Each year brings new developments in real estate, environmental and construction law, and 2013 was certainly no...
View ArticleA 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...
View ArticleMirick 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...
View ArticleLt. Gov. Polito to Give Keynote at Boroughs+ Economic Development Summit on...
Mirick O’Connell is proud to sponsor the Boroughs+ Economic Development Summit on January 26 at the Doubletree Hotel in Westborough. The summit will feature a keynote address from Lt. Gov. Karyn...
View ArticleAppeals 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...
View ArticleUpset About Your Easement? Why You Might Reconsider Turning to the Zoning Act...
In its recent June 2016 decision in Picard v. Zoning Board of Appeals of Westminster, et al., the SJC held that “a claimed injury to a private easement right [was not] sufficient to confer standing to...
View ArticleZoning Appeal Plaintiff Must Prove Standing, Even if Defendant Town Does Not...
On Tuesday, the Appeals Court issued its opinion in Talmo v. Zoning Board of Appeals of Framingham. Massachusetts suffers no shortage of case law on standing (the right to file suit) in zoning...
View ArticleBuilding on Lands Formerly Used as Railroad Right-of-Ways- An Amendment That...
For the last forty-five (45) years, obtaining a permit to build any type of structure on any former railroad right-of-way in the Commonwealth of Massachusetts has been far from seamless. Massachusetts...
View ArticleSJC Reverses Appeals Court on Standing Requirements Under the Zoning Act –...
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...
View ArticleState’s Highest Court to Determine Scope of Dover Amendment Solar Protection...
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...
View ArticleMunicipal Law: Supreme Court Lightens Up On Standard of Review for Certain...
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....
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