Public Law

Updates on Public Law in Massachusetts from Anderson & Kreiger LLP

Archive for 2016

Posted In: Municipal Law

Appeals Court Rules Municipalities May Not Regulate Private Air Strips without MassDOT Aeronautics Division Approval

Massachusetts municipalities may not regulate noncommercial, private restricted landing areas without the approval of the Aeronautics Division of the Department of Transportation, according to the Appeals Court. Reversing a Superior…

Read More »

Posted In: Uncategorized

By Regulating Taxis but Ignoring Ride-Hail Services, Boston May Be Violating the Constitution

Municipalities may want to rethink the way that they regulate taxis, or consider regulating ride-hail services like Uber and Lyft, following a new federal district court decision in a dispute…

Read More »

Posted In: Renewable Energy

City and Town Solar Projects Favored under New Solar Bill

Municipalities were the big winner in the recently enacted net metering bill, under which public solar installations continue to receive full price when selling surplus power to utilities. But cities…

Read More »

Posted In: Uncategorized

Grandfathered Convenience Store Can Add Alcohol Sales Without Zoning Relief

A grandfathered convenience store may add beer and wine sales without obtaining zoning relief from the town, the Appeals Court recently decided in Almeida v. Arruda. How Much Can a…

Read More »

Posted In: First Amendment

Public Officials Must Bear Public Criticism

The Anti-SLAPP law does not protect Public Officials from damages they may cause in seeking harassment protection orders to thwart public criticism. If in office long enough, most public officials…

Read More »

Posted In: Procurement

Be Practical, Not Persnickety, in Public Bidding, Says Court

Municipalities must excuse errors in bidders’ submissions when they are trivial enough not to prejudice the procurement process, according to a recent superior court case. But the case leaves open…

Read More »

Posted In: Public Records, Public Records Requests

Senate Public Records Bill a Significant Step Backwards; Amendment on Harassing Requests Adopted (UPDATED)

Considerably more onerous than the House public records bill passed in November, the new Senate bill shortens timeframes for compliance, significantly limits the fees municipalities may charge, and creates the potential…

Read More »

Posted In: Zoning

Fourth Circuit Upholds FCC’s Section 6409(a) Order Preempting State and Local Regulation of Eligible Facilities Requests

Soon after the FCC issued its Order implementing Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, which preempts traditional local zoning authority over eligible…

Read More »

Find an Attorney