The First Circuit recently overturned a thirty-one year old decision on citizen enforcement of the Clean Water Act (CWA). The now-overruled decision is North and South Rivers Watershed Ass’n v. Town of Scituate, 949 F.2d 552 (1st Cir. 1991), in which the court held that citizen enforcement of the CWA was barred when a party
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Municipal Law: Supreme Court Lightens Up On Standard of Review for Certain Sign Bylaws
By Erik McHale
Recently, the Supreme Court addressed a challenge from two private entities related to the constitutionality of a sign bylaw (“Bylaw”) instituted by the City of Austin (“City”). In City of Austin v. Reagan National Advertising of Austin, LLC, et. al., Reagan National Advertising of Austin, LLC, and Lamar Advantage Outdoor Company, L.P. (“Respondents”) challenged the…
“A Trap for the Unwary:” Bankruptcy Court Declares Debtor’s Homestead Deficient
By Erik McHale
In In re Luu, Danny Luu (the “Debtor”) argued that he had a homestead exemption in the amount of $324,960.00. He argued that because he filed a homestead declaration on March 18, 2021—just two days prior to filing his Chapter 7 case—his home was afforded the protections of the statute. The Chapter 7 Trustee (the…
State’s Highest Court to Determine Scope of Dover Amendment Solar Protection in M.G.L. c. 40A
By Erik McHale
Last week, the SJC heard oral arguments for a case that is anticipated to potentially impact municipal zoning, specifically in the realm of solar energy projects. The outcome of this case will either aid or inhibit a municipality’s ability to regulate proposed solar projects. The Firm filed an amicus brief on behalf of the Towns…
Remote Public Meetings Authorized Through April of 2022; New Law Extends Additional COVID-19 Emergency Rules
By Brian Falk
Public bodies may continue to hold remote meetings through April of 2022 under new legislation enacted this week. The statute, Chapter 20 of the Acts of 2021, authorizes a quorum of a board or committee to meet remotely and require remote public access to the meeting, extending a modification to the Open Meeting Law…
Municipal Permitting Timelines Resume on December 1
By Brian Falk
Effective December 1, municipal boards must follow the usual permitting deadlines following a COVID-19 statute enacted last week.
Towns and cities had been operating under Section 17 of Chapter 53 of the Acts of 2020, which tolled the deadlines for commencing public hearings and issuing decisions while the Governor’s COVID-19 state of emergency remained…
Important Update – The Impact of Coronavirus on the Construction Industry
By David Fine
Since our post on March 18, a lot has happened from both a health and regulatory standpoint as far as the impact from the outbreak of COVID-19 (“coronavirus”) on local and state construction practice. Here is an update, as of today, March 25.
On March 23, Governor Charlie Baker issued an emergency order requiring…
The Impact of Coronavirus on the Construction Industry
By David Fine
The outbreak of COVID-19 (“coronavirus”) has impacted all industries, including construction. First and foremost, we are in the midst of a public health crisis, and the safety and well-being of all project participants should be top of mind. We are also looking at significant economic risk and uncertainty. Our state and federal governments have issued…
Executive Order Loosens Open Meeting Law Requirements During Coronavirus Emergency
By Brian Falk
Governor Baker signed an Executive Order relieving government boards and committees from compliance with certain Open Meeting Law requirements during the novel Coronavirus (COVID-19) emergency. The Order gives public bodies greater leeway to hold closed-door and remote meetings, so that government agencies may conduct business while also complying with public health recommendations regarding social distancing.…
SJC Reverses Appeals Court on Standing Requirements Under the Zoning Act – With Record Speed
All zoning conformities are alike, to rephrase Tolstoy’s famous opening line, but each zoning-related injury is injurious in its own way.
Such has been the time-honored tenant of Massachusetts law for abutter standing under the Zoning Act. To successfully challenge a local zoning decision, an abutter must first identify a particularized injury that establishes standing.
Last…