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September 2014 Archives

Koontz - Basics

Conditions upon land use permits are so ubiquitous that the authority for imposing them can easily be taken for granted. The Supreme Court's decision in Koontz v. St. Johns River Water Mgmt. Dist., 133 S.Ct. 2586 (2013), however, places a significant constitutional limit upon local boards' ability to do so.

SUBDIVISION CONTROL LAW - REMEDIES FOR INNOCENT PURCHASERS OF UNAPPROVED SUBDIVISION LOTS

In 1953, Massachusetts enacted what is commonly referred to as the "Subdivision Control Law", which is codified at G.L. c. 41, §§ 81K-81GG. The law was enacted for the purpose of

ANR Plans: Public Ways, Ways in Existence & Adequate Access

As most Massachusetts residents and land use attorneys know, new residential construction is often met with a host of challenges and opposition. This is certainly the situation in many of the more desirable locations where developable land is seemingly at a premium, including, no less, Nantucket, where even a small ANR (Approval Not Required) project recently faced abutter opposition.

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