Public Law

Updates on Public Law in Massachusetts from Anderson & Kreiger LLP

Archive for Land Use Category

Posted In: Land Use

SJC Announces New Test to Determine When Public Land Falls within Protections of Article 97

In Smith v. City of Westfield, the Supreme Judicial Court broadened the application of article 97 of the Massachusetts Constitution, holding that its conservation protections apply to any land that…

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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: 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: 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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