Land use controversies often end up in court. Neighbors can sue to challenge special permits, variances, or subdivision approvals. Developers can challenge refusals to grant such permits. In other words a municipality may be challenged for being either too tough or too lenient.
For several municipalities we have been retained as Special Town Counsel or Special City Solicitor. We help municipal boards evaluate projects and applications and draft decisions. The firm defends board decisions in Superior Court and Land Court, and before The Massachusetts Appeals and Supreme Judicial Courts. We also represent cities and towns in suits to enforce environmental law.
Typically our client boards are conservation commissions, boards of health, boards of appeal, planning boards, or boards of selectmen. For many cities and towns we work directly with the City Solicitor or Town counsel.
In order to foster sophisticated municipal law and regulation, we draft ordinances to protect wetlands and water supplies, control erosion, clean up hazardous wastes, preserve natural areas, regulate underground tanks, and control the disposal of sewage. We negotiate conservation easements and covenants to control development in agricultural areas, forests and wetlands, and scenic, historic, or recreational properties. We advise communities relative to participating in siting solid and hazardous waste facilities. We represent municipal boards and commissions before state agencies and in court. We advise municipal officials on how to bring effective enforcement actions. We work for cities and towns that want to be effective in EIS review.
For communities which want to control growth, we draft new codes for zoning, subdivision control, floodplain management, wetlands protection, building moratoria, phased development, environmental studies, water and sewer bans, and impact fees.
For consulting firms wishing to make engineering and planning proposals to cities and towns, we often act as a subcontractor on the legal and legislative items.
Consequently, we are familiar with the array of bylaws and regulations on the books and we understand the real world political and financial constraints on local government.
Our model bylaws and regulations are on computer for easy access and review for our client communities.
