Public Law

Updates on Public Law in Massachusetts from Anderson & Kreiger LLP

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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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Posted In: Open Meeting Law

SJC Decision Guides Open Meeting Law Compliance Throughout the Commonwealth

On April 5, 2018, in an important case of first impression, the Supreme Judicial Court found that a Town’s Board of Selectmen had violated the Massachusetts Open Meeting Law in…

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Posted In: Uncategorized

SJC Agrees That Anti-Aid Amendment Does Not Ban Public Funds to Churches for Historic Preservation, But Sets a New Rigorous Test

Today, the SJC applied for the first time its Anti-Aid Amendment jurisprudence to public funding to an active church.  In a 5-1 decision in Caplan v. Town of Acton, SJC-12274,…

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Posted In: Marijuana

Two Draft Cannabis Regulations May Surprise Local Decision-Makers, and Affect Their Planning

There are two draft Cannabis Regulations that may surprise local decision-makers, and affect their planning. Cities and towns have been primed to expect that the sale of marijuana products would…

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