Any party involved in an appeal of a Massachusetts zoning decision should know the possibility of zoning appeal bonds for cases involving a special permit, variance, or site plan decision. Appealing a Zoning Decision Zoning decisions in Massachusetts are made more »
Many property owners are shocked to learn about the many legal implications that can arise from the seemingly simple act of putting up a fence around one’s yard. From my experience in handling boundary disputes among neighbors, I would estimate more »
Setback requirements are among the most common zoning requirements in Massachusetts. Such requirements place limits on the location where buildings and other structures can be placed on a property, with the goal of preventing overcrowding. Common setback requirements are for more »
The Appeals Court issued an important decision this week on the interplay between zoning and the Massachusetts Anti-SLAPP law. The full decision, Haverhill Stem LLC v. Jennings, is below. What is Anti-SLAPP? As I’ve written before, Massachusetts (like many other more »
Zoning disputes typically arise when property owners have disagreements over whether someone is entitled to specific zoning relief, such as a variance. The law allows a party who is “aggrieved” by a zoning decision to appeal the matter in court. more »
Fighting a zoning decision generally occurs through the filing of a G.L. c. 40A, § 17 appeal in Land Court or Superior Court. Such, an appeal, however, many only be filed by a “person aggrieved.” On this important topic, the more »
The Massachusetts Property Law Blog is proud to have Attorney Joseph N. Schneiderman guest blog on a recently Appeals Court decision on the pitfalls of zoning litigation. Attorney Schneiderman is an appellate attorney licensed in Massachusetts and Connecticut and may be contacted at connlawjoe@gmail.com. On April more »
Zoning is an important topic for any property owner, especially landlords. Landlords should have a basic knowledge of zoning before offering property for rent, and know what to do if problems arise later on. What is Zoning? Zoning are local more »
Governor Baker is backing a bill to reform zoning in Massachusetts, which will give local municipalities more flexibility in making zoning changes. This bill is a good example of some important lessons for understanding Massachusetts’s land use laws. Zoning 101 more »
A recent decision from the Appeals Court discusses the important topic of Massachusetts zoning decision making, regarding what a zoning or permitting board is allowed (and not allowed) to consider as part of its decisions. The case, Clear Channel Outdoor v. more »
