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Land Use Law (5)

SJC Rules on Local Land Dedication Under Prior Public Use Doctrine and Explains Article 97 Protection of Conservation Land

Written by / Published Sunday, 04 February 2024 16:41
An important Supreme Judicial Court decision, Carroll v. Select Board of Norwell (SJC-13410, January 5, 2024) upheld the Town of Norwell's designation of land for affordable housing purposes and rejected an attempt by residents to transfer the property to another purpose without the Select Board's determination under G.L. c. 40, Section 15A that the land was no longer needed for affordable housing purposes.

SJC Nixes Boston Waterfront Harbor Plan and with it the Harbor Tower Garage and the Municipal Harbor Plan Approval Process: Stay Tuned for Revamped MassDEP MHP Regulations

Written by / Published Friday, 30 September 2022 13:12
The Massachusetts Supreme Judicial Court (SJC) granted direct appellate review and decided on July 12, 2022, the case of Katherine Armstrong et al v. Secretary of Energy and Environmental Affairs et al, 490 Mass. 243 (2022), and a consolidated case brought by the Conservation Law Foundation of New England, Inc. (CLF) and others.

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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