Land Use Zoning

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

June 27, 2024 by Gareth Orsmond | Leave a Comment

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 […]

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Land Use Regulatory Takings Subdivision Zoning

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

June 3, 2024 / June 5, 2024 by Donald R. Pinto, Jr. | Leave a Comment

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 […]

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