Land Use Zoning

Late-Filed Appeal to Zoning Board is a Nullity, Not a Springboard to Constructive Approval

December 13, 2018 / December 14, 2018 by Donald R. Pinto, Jr. | Leave a Comment

The Massachusetts Appeals Court’s recent decision in McIntyre v. Zoning Board of Appeals of Braintree demonstrates the importance of subject matter jurisdiction in the context of administrative proceedings.  The plaintiffs appealed the issuance of a building permit authorizing construction of a single-family house on an abutting lot.  Though they knew immediately that the permit had issued, the […]

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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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