Massachusetts Dirt and Development Law

October 07, 2024

Mass. Appeals Court declares winner in longstanding land-use dispute between Northeastern University and Town of Nahant

Article 97, Prior Public Use Doctrine, Public Use, Restrictions

Authors:

Michelle N. O'Brien

Practice area:

Industries:

Real Estate

The Nahant Preservation Trust, the town of Nahant, and certain Nahant residents have suffered another loss in their years-long legal battle to stop Northeastern University from expanding its Marine Science Center, located on East Point in Nahant. The Massachusetts Appeals Court recently affirmed the dismissal of the legal actions, finding that the plaintiffs had no […]

August 14, 2024

Christmas In August For Massachusetts Real Estate Developers Is Good News For Housing Production

Affordable Housing, Land Use, Variances, Zoning

Authors:

Donald R. Pinto, Jr.

Practice area:

Industries:

Real Estate

In its $5.2 billion Affordable Homes Act (AHA) signed by Gov. Maura Healey last week, the Massachusetts Legislature came down the chimney with some presents that have been on developers’ wish lists for decades. In addition to making accessory dwelling units (ADUs) up to 900 square feet a by-right use in residential zoning districts (see […]

August 09, 2024

In Massachusetts, Your In-Law Apartment No Longer Makes You An Outlaw

Affordable Housing, Real Estate, Zoning

Authors:

Tess C. Edwards

Practice area:

Industries:

Real Estate

As has been widely reported, Governor Maura Healey on Tuesday signed into law the Affordable Homes Act (AHA), also known as the Housing Bond Bill (H.4977), which the Legislature passed in the wee hours of August 1, 2024. Among other important provisions, the AHA makes accessory dwelling units (ADUs) a by-right use in single-family zoning […]

July 10, 2024

Breaking: Mass. high court confirms that in Boston, zoning appeal bond can be required without finding of bad faith or malice

Zoning

Authors:

Donald R. Pinto, Jr.

Practice area:

Industries:

Real Estate

In its decision this morning in Shoucair v. Board of Appeal of Boston, the Supreme Judicial Court (SJC) held that in court appeals under § 11 of the Boston Zoning Enabling Act (Section 11), the trial judge can require the plaintiff to post an appeal bond without a preliminary finding that the appeal has been […]

June 27, 2024

Can a Person Ever Establish Zoning Standing by Alleging Diminution in Property Value? The Appeals Court Whispers the Answer

Land Use, Zoning

Authors:

Gareth I. Orsmond

Practice area:

Industries:

Real Estate

The Massachusetts Appeals Court recently addressed diminution of property value as a basis for standing to file a zoning appeal. In Pobeda RT II, LLC v. Zoning Bd. of Appeals of Watertown, the court affirmed that individual property value, by itself, isn’t a protected interest that can serve as a basis for standing to appeal […]

June 03, 2024

Supreme Court’s Sheetz decision casts doubt on validity of Massachusetts inclusionary zoning regulations

Land Use, Regulatory Takings, Subdivision, Zoning

Authors:

Donald R. Pinto, Jr.

Practice area:

Industries:

Real Estate

The U.S. Supreme Court’s recent decision in Sheetz v. County of El Dorado may have a profound impact on inclusionary zoning ordinances and bylaws in Massachusetts. I suspect few of those regulations – if challenged – will pass constitutional muster under what’s now a quartet of crucial, related Supreme Court (SCOTUS) decisions: Nollan v. California […]

March 12, 2024

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

Article 97, Prior Public Use Doctrine, Real Estate

Authors:

Tess C. Edwards

Practice area:

Industries:

Real Estate

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 cannot be diverted to another inconsistent use until the “board or officer having charge” of the land determines […]

October 04, 2023

Massachusetts High Court Reaffirms “Single Look Doctrine” For Evaluating Liquidated Damages Clause in Commercial Leases

Commercial Leases

Authors:

Peter P. Gelzinis

Practice area:

Real Estate

Industries:

Real Estate

Last week the Supreme Judicial Court of Massachusetts (SJC) held that, despite defaulting only one month into its five-year lease, a commercial tenant is bound by a liquidated damages clause requiring a lump-sum payment of all rent due during the remainder of the lease term. As set forth in Cummings Properties, LLC v. Hines, Massachusetts […]

April 20, 2023

Does the 9th Circuit’s rejection of Berkeley, CA’s municipal gas ban spell doom for Massachusetts’ own gas-banning “Demonstration Program”?

Land Use, Real Estate, Renewable Energy, Zoning

Authors:

Paula M. Devereaux

Practice area:

Industries:

Real Estate

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. 21-16278. The court decided that the federal Energy Policy and Conservation Act, 42 U.S.C. § 6297(c), preempts the City of Berkeley’s […]

April 18, 2023

New Mass. AG continues hard line against local bylaws that hinder battery energy storage systems

Environmental, Renewable Energy, Zoning

Authors:

Tess C. Edwards

Practice area:

Industries:

Real Estate

On March 1, 2023, Massachusetts Attorney General Andrea Joy Campbell’s Municipal Law Department issued a decision (pdf) disapproving two sections of the Town of Wendell’s amended zoning bylaw, one of which prohibited stand-alone battery energy storage facilities in all districts. As previewed in our blog post last month, based on a footnote in the former […]