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July 2015 Archives

The Zoning Act's Surprising Non-Treatment of Billboards

On June 29, 2015, the Appeals Court issued an unpublished 1:28 Decision in the matter of Lamar Whiteco Outdoor Corp. v. Zoning Bd. of Appeals of Webster, 2015 WL 3938606 (Mass. App. Ct. 2015). Even though a 1:28 Decision is merely persuasive authority (not binding), the decision rests upon a couple of relatively under the radar yet interesting cases that hold that billboards, in and of themselves, are not "structures" as that term is used in the Massachusetts Zoning Act (see G.L. c. 40A).

A New Twist on Nonconforming Residential Structures: Palitz v. Zoning Board of Appeals of Tisbury

If wrapping your head around the law concerning reconstructing, extending, or altering a pre-existing nonconforming structure wasn't difficult enough already, the Supreme Judicial Court recently felt the need to add yet another layer of complexity for homeowners, zoning boards and courts. In Palitz v. Zoning Board of Appeals of Tisbury, 26 N.E.3d 175 (2015), the SJC firmly pronounced what we already knew - that subdivision control and zoning are independent of one another. However, the decision raises many question about the further expansion of pre-existing nonconforming structures that have already once obtained permission for expansion by variance.

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