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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Zoning

Troubleshooters and Why Words Matter: Appeals Court Overturns Board’s Interpretation of Zoning Bylaw

June 13, 2018 by Gareth Orsmond | Leave a Comment

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 wrong. Hence, the value of troubleshooting. Provincetown learned this the hard way. In Sinaiko v. Zoning Board of Appeals of Provincetown, […]

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Land Use Zoning

Roma, III, Ltd. v. Board of Appeals of Rockport: Did the Supreme Judicial Court “Pave the Way” for Local Control of Drones?

March 2, 2018 / March 2, 2018 by Gareth Orsmond | Leave a Comment

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 (pdf). The decision held that a municipality could exercise its home rule authority to regulate private heliports and other non-commercial aircraft landing areas, and that […]

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