Public Law

Updates on Public Law in Massachusetts from Anderson & Kreiger LLP

Archive for Municipal Law Category

Posted In: Municipal Law

SJC’s Trend: Preserve Meritorious Anti-SLAPP Suits

A SLAPP suit (a strategic lawsuit against public participation) discourages and intimidates individuals from exercising their constitutional right of petition the government. The Massachusetts Legislature enacted the anti-SLAPP suit law,…

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Posted In: Marijuana, Municipal Law

10 Things You Need to Know About the New Marijuana Law

If your Town Voted against Question 4 to Legalize Marijuana for Recreational Use: The local legislative body (town meeting, city council, etc.) may adopt an ordinance or bylaw imposing limits…

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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: Municipal Law

Supreme Court to State and Local Governments: Religious Entities Cannot be Excluded from Public Benefits

On Monday, the Supreme Court announced that Missouri violated the First Amendment’s Free Exercise Clause when it denied public funds to Trinity Lutheran Church.  In the 7-2 decision in Trinity…

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Posted In: Municipal Law

Postponing Marijuana Law by Six Months May Help Clarify How Towns Can Opt-Out

Governor Baker has signed into law a bill that extends November’s successful ballot initiative’s licensing deadlines for “marijuana establishments” by six months. Question 4 of the ballot initiative – now…

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Posted In: Municipal Law, Public Records

New Year Launches New Public Records Law and Regulations

The New Year marks the effective date for most provisions of the new Massachusetts Public Records Law, and new public records regulations promulgated by the Supervisor of Public Records.  A…

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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: 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: 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…

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Posted In: Employment, Municipal Law

Civil Service: A Town Can Get Away With a Flawed Process, But Not Bias

A municipality may be able to bypass a higher-ranked civil service applicant even with a flawed process, but not if there is any suggestion of bias. That’s the main takeaway…

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