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Litigation (4)

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Litigation

Appeals Court Summary Decisions In 2020 Involving Municipal Boards Give Insights On Email Settlements, Constructive Approvals, and Permit Extensions

Written by / Published Friday, 05 February 2021 10:06
Three selected 2020 summary decisions of the Massachusetts Appeals Court illustrate, in short and sweet opinions, the implications of settlement negotiations by emails, tactical moves while challenging a local board’s decision, the ins and outs of getting permit extensions, what happens in court review of a tribunal’s decision, and how a well-maintained document record, well-run deliberation, and well-written decision can determine who wins or loses and why.
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Appeals Court Overturns $640,000 Jury Verdict for Regulatory Taking
Litigation

Appeals Court Overturns $640,000 Jury Verdict for Regulatory Taking

Written by / Published Friday, 22 March 2019 13:44
In an important case on an often-raised issue, Smyth v. Conservation Commission of Falmouth, Case No. 17-P-1189, the Massachusetts Appeals Court on February 19, 2019 reversed a Superior Court jury verdict of $640,000.00 on a claim that the Falmouth Wetland Bylaw, as applied, created a “regulatory taking” of plaintiff’s property. This decision has been long-awaited by land use and real estate practitioners.
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State's High Court Gives Green Light to Ten-Citizen Suit Seeking MEPA Review of Fellsway Project
Litigation

State's High Court Gives Green Light to Ten-Citizen Suit Seeking MEPA Review of Fellsway Project

Written by / Published Tuesday, 10 December 2013 19:00
Citizen groups may sue project proponents using the so-called Citizen Suit Statute, G.L. c. 214, §7A, to challenge decisions allowing projects that would allegedly cause damage to the environment in violation of the Massachusetts Environmental Policy Act ("MEPA").
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State Appeals Court Calculates Deadline to File Certiorari Case Against Conservation Commission
Litigation

State Appeals Court Calculates Deadline to File Certiorari Case Against Conservation Commission

Written by / Published Wednesday, 28 December 2011 19:00
The Massachusetts Appeals Court recently decided the question of when the clock begins running to file a court appeal for certiorari review under M.G.L. ch. 249, §4, specifically against a conservation commission that had issued an enforcement order.
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