While this doesn't happen often, city planning boards may have to deal with the request of a petitioner to rezone property. However, anyone who objects to the rezoning may claim that rezoning is actually an unlawful practice known as spot zoning. When this occurs, the...
Zoning
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...
Application of General Laws Chapter 40A, Section 7 and the Two Limitation Periods for Zoning Enforcement to an Improperly Sited Structure.
Recently we were asked to address the situation where a landowner obtained a use special permit with a condition that the structure containing the use be built as located on a designated site plan, and that a final as-built plan be filed after completion of...
Standing Gets Stickier: Murchison v. Zoning Bd. Of Appeals of Sherborn
We have written a number of posts over the years discussing the requirements for standing in zoning appeals in Massachusetts, see here, here, here, here, here, and here to start. On September 30, 2019, the Appeals Court decided to add another twist to this already...
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 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...
Updating your storefront? Make sure it meets zoning codes.
In today's world, looks are everything -- especially for a growing business. Everything from your website design to your business cards helps you establish a brand identity that tells your potential customers who you are. In fact, the way your actual brick-and-mortar...