Public Law

Updates on Public Law in Massachusetts from Anderson & Kreiger LLP

Archive for 2016

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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Posted In: Public Records

What Municipalities Need to Know About the Draft Public Records Regulations

The Supervisor of Public Records released draft regulations to implement the new Public Records Law on September 13. Government entities should keep in mind the following dates: The Supervisors is…

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Posted In: Open Meeting Law

Pragmatic View Wins Out in First New OML Appeals Court Decision

However, Tackling a “Gray Area” in the Law, AG’s Office Takes a Harsher Approach In the first case to reach an appellate court under the new Open Meeting Law (OML),…

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Posted In: Land Use

City May Repurpose a Playground Despite Decades of Use

But a Concurring Justice Asserts That the SJC Should Revise This Precedent The Appeals Court narrowly interpreted article 97 of the Massachusetts Constitution to allow a city to repurpose land…

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Posted In: Municipal Law, Procurement

Top 15 Changes in the New Municipal Modernization Bill

In what is largely a win for municipalities, the Legislature unanimously passed the Municipal Modernization Act on the last day of the 2015-2016 session. The Bill should improve municipal administration, mostly…

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Posted In: Public Records, Public Records Requests

Checklist: The Records Access Officer’s Guide to the New Public Records Request Procedures *Updated*

One of the new public records law’s biggest changes is its requirement that municipalities designate at least one Record Access Officer (RAO). By the start of 2017, when the new…

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Posted In: Stormwater

Towns Must Act Now to Meet Deadlines Set by EPA’s New Stormwater Permit

Big changes are ahead for Small Municipal Separate Storm Sewer System (MS4) operators in Massachusetts. EPA’s recently-released general permit goes into effect on July 1, 2017. Under the new general…

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Posted In: Public Records

Cities and Towns Will Have to Reassess Their Litigation Strategies in Light of the New Public Records Law

As Governor Baker noted, complying with the new public records law he signed in early June will require “stretch activity” from Massachusetts cities and towns. The law takes effect in…

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Posted In: Public Records

New Public Records Law Raises Stakes for Towns – *Updated*

The House and Senate unanimously voted to pass a public records bill that reconciles a Senate bill that imposed significant burdens on municipalities with a more reasonable House bill from last…

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