Three selected 2020 summary decisions of the Massachusetts Appeals Court illustrate, in short and sweet opinions, the implications of settlement negotiations by emails, tactical moves while challenging a local board’s decision, the ins and outs of getting permit extensions, what happens in court review of a tribunal’s decision, and how a well-maintained document record, well-run deliberation, and well-written decision can determine who wins or loses and why.
In its August 10, 2020, decision in the case of Wellesley Conservation Council, Inc. v. Pereira (AC 19-P-753), the Massachusetts Appeals Court addressed the scope of enforcement options available to the holder of a Conservation Restriction (CR), in particular whether injunctive relief (like restoration and replanting) is the holder’s sole remedy for violations of the CR’s terms, or does it include money damages, too. The answer is yes to damages.
Attorney Gregor I. McGregor will again will Co-chair the MCLE annual conference on Environmental Law, set for February 6, 2020, with a simulcast that same day and then a recorded podcast February 20. Mr. McGregor and his Co-chair Pamela Harvey, Esq. have led this seminal event for over two decades.
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