Municipal Law

Updates on Municipal Law in Massachusetts from Anderson & Kreiger LLP

Recent Posts

Posted In: Uncategorized, Zoning

Time to Make the Donuts? Appeals Court Rules Hopkinton Dunkin’ Donuts Could Be a Retail Store

Fast-food coffee shops may look virtually the same from town to town, but as a recent Appeals Court decision reminds planners and local land use boards, what a town’s zoning…

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Posted In: Land Use

Appeals Court Settles that an ex-Government Building Constitutes a Preexisting Nonconforming Structure

The Appeals Court recently held that the former Edward J. Sullivan Courthouse in East Cambridge will be a preexisting, nonconforming structure under the Zoning Act when it is bought by…

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Posted In: Marijuana, Municipal Law

10 Things You Need to Know About the New Marijuana Law

If your Town Voted against Question 4 to Legalize Marijuana for Recreational Use: The local legislative body (town meeting, city council, etc.) may adopt an ordinance or bylaw imposing limits…

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Posted In: Land Use, Municipal Law

Supreme Court on Regulatory Takings: Look to Reasonable Expectations

Late last week, the Supreme Court decided an important case in regulatory takings law, Murr v. Wisconsin.  Murr sets out a new test for defining the private property at issue…

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Posted In: Municipal Law

Supreme Court to State and Local Governments: Religious Entities Cannot be Excluded from Public Benefits

On Monday, the Supreme Court announced that Missouri violated the First Amendment’s Free Exercise Clause when it denied public funds to Trinity Lutheran Church.  In the 7-2 decision in Trinity…

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Posted In: Drones

D.C. Circuit Adds another Layer to Federal Drone Regulation

State and local governments and airport proprietors trying to follow FAA’s regulation of unmanned aerial systems, or drones, now have one more wrinkle to keep track of: on Friday, May…

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Posted In: Municipal Law

Postponing Marijuana Law by Six Months May Help Clarify How Towns Can Opt-Out

Governor Baker has signed into law a bill that extends November’s successful ballot initiative’s licensing deadlines for “marijuana establishments” by six months. Question 4 of the ballot initiative – now…

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Posted In: Municipal Law, Public Records

New Year Launches New Public Records Law and Regulations

The New Year marks the effective date for most provisions of the new Massachusetts Public Records Law, and new public records regulations promulgated by the Supervisor of Public Records.  A…

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Posted In: Municipal Law

What the passage of Question 4 legalizing recreational sale and use of marijuana means to municipalities

Given the stunning and widely unexpected results of the presidential election, the seismic change in the state’s marijuana policy effected by the passage of Question 4 has received less attention…

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Posted In: Uncategorized

CPA Funds Can Be Used to Preserve Historic Church Buildings

The Town of Acton recently secured a victory in a Court fight over the use of Community Preservation Act (CPA) funds to preserve two historic churches. The CPA allows cities and…

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