Here are a few recent zoning/development articles we thought we'd share as we all enjoy the short work week. A hotel project in Lenox survived a motion to dismiss (with both sides surprisingly happy with the judge's ruling), and the case will proceed in the Land...
Month: April 2015
The Abutters Strike Back: Specially-Protected Interests and Density-Related Aggrievement
In my last post, I addressed how, between 2006 and 2011, the Supreme Judicial Court had made it easier for developers to challenge abutters' legal standing to maintain zoning appeals. However, while the Commonwealth's high court was making life easier for developers,...
The Pendulum Swings in Massachusetts Standing Law in Zoning Appeals: The “Good Old Days”
Massachusetts law has permitted neighbors to appeal zoning decisions for many decades. Like any civil action, abutter plaintiffs in zoning appeals must demonstrate that they have a substantive stake in the outcome-that they will be harmed if their neighbors' permits...
DEVELOPMENT 101: SOURCES OF STRUCTURE & USE RESTRICTIONS
Today we offer a quick refresher of sorts. When it comes to real estate development-whether it be incorporating a new use, building a structure, or somehow otherwise modifying the existing conditions on site-there are several sources of laws and other "restrictions"...