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May 2017 Archives

Challenging Zoning Bylaws: Standing: Another Jurisdictional Consideration

This is the fourth in a series of posts on challenges to zoning bylaws and ordinances. Before reaching the merits of zoning challenges, one more jurisdictional issue should be considered: standing-also referred to in the case law as "harm", "injury" or "aggrievement". "'The question of standing is one of critical significance. "From an early day it has been an established principle in this Commonwealth that only persons who have themselves suffered, or who are in danger of suffering, legal harm can compel the courts to assume the difficult and delicate duty of passing upon the validity of the acts of a coordinate branch of government.'"' Ginther v. Commissioner of Ins., 427 Mass. 319, 322 (1988), quoting Tax Equity Alliance v. Commissioner of Revenue, 423 Mass. 708, 715 (1996), ultimately quoting Doe v. The Governor, 381 Mass. 702, 705 (1980).

Understanding the lingo could keep you from crossing the line

One of the biggest considerations regarding your property is where it begins and ends. In some cases, you and your neighbor or some other third party could end up in a dispute regarding exactly where those lines lie. Boundary disputes can quickly become complicated and could require court intervention to resolve.

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