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November 2019 Archives

An Alternative Avenue for Adjudicating Zoning Questions: Declarations Under G.L. c. 240, §14A

The Massachusetts Zoning Act sets forth a thorough process for those persons seeking or opposing zoning relief to have their grievances adjudicated. Usually, the first stop is at the local building inspector or zoning enforcement officer. If unsatisfied, an appeal is typically available to the zoning board of appeals. Finally, after "exhausting" this administrative process, a party may file an appeal to the Land Court or Superior Court. If the dispute has arisen from the issuance or denial of a building permit (or other zoning relief), the foregoing process is obligatory (with a few rare exceptions). This obligation is referred to as the duty to "exhaust" administrative remedies.

Easement Basics Part I: What They Are, Appurtenant Versus Personal Easements, and the Taxonomy of Claims

A significant percentage of our case load, here, at Phillips & Angley, involves disputes over easements, also known as use rights, particularly over access and private way issues. Easement law comprises some of the oldest law in the United States, as we inherited many of the legal concepts and rules from England, in Colonial times. It has its own terms of art, causes of action and particular rules, developed over the centuries as the common law has evolved. This is the first in a series of posts that are intended to give a basic primer on these issues.

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