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Land Use (3)

Sudbury v. MBTA Case Applies Doctrine of Prior Public Use to Inter- and Intra-Governmental Land Transfers, Not to Private

Written by
/ Published Tuesday, 22 March 2022 15:53
A legal doctrine established prior to Article 97 protects public lands dedicated to a public use from being used for other purposes without legislative authorization, meaning a bill in the General Court passed by majority vote. This is the doctrine of Prior Public Use. Although it pre-dates Article 97, the Prior Public Use doctrine continues to serve as a kind of traditional backup to Article 97 for public land dedicated to a public use.

Partner Luke Legere Presents on Article 97 Protection for Public Lands

Written by
/ Published Thursday, 13 December 2018 15:31
Luke Legere spoke on Article 97 protection for public lands at the 2018 Essex County Open Space Conference hosted by Essex County Greenbelt at the HC Media Studio in Haverhill on December 1, 2018. His co-presenter was Kathleen O'€™Donnell, who is expert on real estate aspects of ensuring protection for open space. Together they presented the latest on law, policy, politics, practical tips, and recent important court decisions. Law suits are prevalent between residents and municipalities challenging applicability of Article 97, which is important for land trusts, environmental organizations, and municipal officials and boards to know about. Download Mr. Legere'€™s…

Busy End of Supreme Court Term Produces Important Land Use Cases

Written by
/ Published Wednesday, 02 September 2015 15:31
On three days in June, the U.S. Supreme Court decided cases making new law on signs and free speech, fair housing litigation, and air pollution regulation, and. We look at them in turn, in brief.

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