Boston area property developers understand that there are many different regulations that need to be followed when a development occurs. There are many local, state and federal regulations that come into play and when rules aren't followed there can be problems. A...
Land Use And Zoning
East Boston property eyed by developers
Boston area property developers understand how important every square inch in land is in the Boston area. Property is scarce in the area, with demand for new building projects always high. Property developers and other groups are always looking for new projects for...
Standing and Quasi-Municipal and Charitable Organizations, Part I of II: “Person Aggrieved” Status Requires a Relationship with Real Property
A few years ago, I posted a two-part review of the state of the law for standing under the Zoning Act. Standing refers to a claimant's legal right to bring a claim. Not every person has the right to bring every claim. As previously discussed, this principle is...
A Case Study in Conditions to a Variance
Recently one of our clients was forced to confront a challenge to the operation of their dog kennel business, which had been operating lawfully in a residential zoning district pursuant to a use variance granted in 1973. The challenge was that the variance authorized...
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"....
Phillips & Angley Successfully Defeats Summary Judgment in ZBA Failure to Send Notice of Remand Hearings to Party-In-Interest in Land Court
On February 13, 2017, the Land Court, Scheier, J., issued an Order Denying Plaintiffs' Motion for Summary Judgment in Heller v. Conner et al., Land Court Docket No. 15 MISC 0000481 (KFS) in which the court denied a motion for summary judgment against the Zoning Board...
Phillips & Angley Successfully Defend Adverse Possession and Prescriptive Easement Claims in the Land Court
On January 4, 2017, the Land Court, Scheier J., issued a decision in Stafford v. Flett, Land Court Docket No. 15 MISC 000134 (KFS), which granted declaratory judgment to P&A's client, the Defendant, declaring that she owns outright an area of her property that...
Phillips & Angley Successfully Defend Clients’ Horse Stable Licenses
On November 9, 2016, after multiple, contentious hearing before the Town of Plymouth Board of Health, and related proceedings before the Plymouth Conservation Commission, was successful in opposing a request by neighbors that its clients'...
PHILLIPS & ANGLEY SUCCESSFULLY OVERTURN DECISION OF THE BOSTON ZONING BOARD OF APPEAL
On September 22, 2016, the Boston Housing Court, Muirhead, J., issued an Order on Defendant's Motion for Summary Judgment in Goureev, et al. v. Zoning Board of Appeal, the City of Boston, et al., No. 16H84CV000137, in which the Court granted summary judgment for P...
PHILLIPS & ANGLEY WIN SUMMARY JUDGMENT AT THE MASSACHUSETTS LAND COURT ANNULLING ZONING BOARD DECISION THAT HALTED LANDOWNER’S HELICOPTER USE
On October 19, 2016, the Massachusetts Land Court issued a Memorandum and Order on Cross Motions for Summary Judgment in Roma, III, Ltd. v. Town of Rockport Board of Appeals, Land Court Case No. 15 MISC 000074 (RBF), granting P & A's client, the plaintiff, Roma,...