Public Law

Updates on Public Law in Massachusetts from Anderson & Kreiger LLP

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Posted In: Uncategorized

Developers No Longer Need to Undertake Any Active Construction to Save a Variance from Lapsing.

Beginning construction, or even simply breaking ground, is no longer necessary to exercise rights under a use variance.  Last week, the Appeals Court clarified what qualifies as an “exercise” of…

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Posted In: Uncategorized

What Cities and Towns Need to Know About the New Cannabis Regulations

The Cannabis Control Commission is coming out with new regulations and it appears that there are two significant potential changes of which municipalities should be aware. Home delivery will become…

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Posted In: Uncategorized, Zoning

Massachusetts Supreme Judicial Court Held McLean Hospital Program Can Operate in Residential Zoning District because it is Primarily Educational

The Supreme Judicial Court has held that a McLean Hospital program focused on developing the emotional and social skills of adolescents who exhibit extreme emotional dysregulation may, under the Dover…

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Posted In: Uncategorized

Mina S. Makarious and Paul Kominers Legal Analysis Featured in the 2019 Spring Boston Bar Journal

Mina S. Makarious and Paul Kominers co-authored, “Spaulding v. Town of Natick School Committee: Allowing Free Speech while Accomplishing Municipal Work”, for the 2019 spring edition of the Boston Bar…

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Posted In: Uncategorized

New State Law Allows Local Regulation of Short-Term Rentals

Just before 2018 ended, Governor Baker signed An Act Regulating and Insuring Short-Term Rentals into law.  The Act capped off years of public debate, Beacon Hill wrangling, and local regulation…

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Posted In: Zoning

The Land Court Draws a Fine Line on “Educational Use” under the Dover Amendment

If a proposed activity is more therapeutic than educational, it not protected by the Dover Amendment and therefore may not be conducted in a zoning district where it is not…

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Posted In: Uncategorized

Supreme Judicial Court Reaffirms Massachusetts Rule: No Liability for Damages from Healthy Trees

image credit: Couleur

The Supreme Judicial Court recently reaffirmed that a landowner whose property is damaged by a neighbor’s healthy tree cannot hold the neighbor responsible for damages. Shiel v. Rowell, SJC-12432 (July…

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Posted In: Drones

FAA Will Continue to Stay Out of the Realm of Regulating UAS Privacy Issues for Now

In Electronic Privacy Information Center (EPIC) v. Federal Aviation Administration (FAA),–F.3d—(June 19, 2018), the DC Circuit left unaddressed the question of whether the FAA’s rules governing drone use must address…

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Posted In: Zoning

Appeals Court Relaxes Requirement to Notify Town Clerk of Zoning Appeal

In Hickey v. Zoning Board of Appeals of Dennis, a divided panel of the Massachusetts Appeals Court weakened and confused the requirement that a zoning appellant notify the Town Clerk…

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Posted In: Uncategorized

Two Cases Result in Opposite Outcomes for Massachusetts Municipal Employees Seeking Immunity

Police officer not entitled to immunity under federal law, but school district shielded from suit under state statute. Two cases on municipal immunity were issued this month, one from a…

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