Today we offer a quick refresher of sorts. When it comes to real estate development-whether it be incorporating a new use, building a structure, or somehow otherwise modifying the existing conditions on site-there are several sources of laws and other "restrictions" that the developer and/or landowner should be aware of in advance. These include the following:
Summer is usually a pretty quiet time of the year for many lawyers, policy folks, and local zoning boards, but there have been a few interesting zoning-related headlines in the past few weeks.
We wanted to share a link to a very recent Suffolk University Law Review article discussing the issue of standing: Beth Lidington, Massachusetts Standing Laws and Zoning Appeals: Standing on Shaky Ground After Kenner v. Zoning Board of Appeals, 46 Suffolk U. L. Rev. 603 (2013). Like most law review articles, this one contains a good synopsis of the law with many useful footnotes and citations throughout. The arc of this particular article is view-based harm as a premise for standing, all in the wake of the SJC's Kenner decision rendered in 2011. The author's analysis is thoughtful and worth the read.