Zoning
July 10, 2024 by Donald R. Pinto, Jr. | Leave a Comment
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 […]
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December 9, 2021 by Donald R. Pinto, Jr. | Leave a Comment
In its recent decision in Allegaert v. Harbor View Hotel Owner, LLC, the Massachusetts Appeals Court reversed in part two Superior Court judgments dismissing the plaintiffs’ zoning appeals. In the process the Appeals Court helpfully clarified some procedural issues that often arise in such cases. The plaintiffs in Allegaert are neighbors of the Harbor View Hotel in […]
Land Use Zoning
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 […]
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, […]
