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Miyares and Harrington, LLP
Feb 21, 20202 min read
The Tort Claims Act Applies to Municipal “Commercial” Services but Permits Class Actions
Our January newsletter promised an analysis of Magliacane v. City of Gardner, an important decision from the Supreme Judicial Court...
Miyares and Harrington, LLP
Feb 21, 20202 min read
The Pesticide Control Act Does Not Preempt a Municipality’s Authority to Enforce Its Wetlands Bylaw
A recent Berkshire County Superior Court decision, Stockbridge Bowl Association, Inc. v. Town of Stockbridge Conservation Commission,...
Miyares and Harrington, LLP
Jan 21, 20201 min read
Rapid Fire Update - January 2020
New IGR Regarding Community Preservation Fund The Community Preservation Act has been the subject of considerable interpretation and...
Miyares and Harrington, LLP
Jan 21, 20202 min read
Clamping Down on PFAS: MassDEP Finalizes Waste Site Cleanup Standards
Clamping Down on PFAS: MassDEP Finalizes Waste Site Cleanup Standards and Proposes Drinking Water Standards MassDEP’s march forward on...
Miyares and Harrington, LLP
Jan 21, 20202 min read
New Ethics Commission Advisory on Gifts and Gratuities
The State Ethics Commission recently issued a new advisory on the kinds of gifts and gratuities a public employee may receive under...
Miyares and Harrington, LLP
Jan 21, 20202 min read
Municipalities Maintain Substantial Degree of Control over Cannabis Establishment Licensing
Municipalities Maintain a Substantial Degree of Control over Adult Use Cannabis Establishment Licensing Through the Host Community...
Miyares and Harrington, LLP
Oct 24, 20192 min read
When Density Can Support Standing for Appeals of Land Use Decisions
The Appeals court, in Murchison v. Zoning Bd. of Appeals of Sherborn, recently clarified the circumstances under which a plaintiff will...
Miyares and Harrington, LLP
Oct 24, 20192 min read
This is the Story of Emily and Ruth, A Cautionary Tale for Municipal Zoos
Emily and Ruth are denizens of the City of New Bedford’s Buttonwood Park Zoo; they are Asian elephants. A citizen sympathetic to their...
Miyares and Harrington, LLP
Oct 24, 20191 min read
Rapid Fire Updates - October 2019
Information on Sale of Hemp-Derived Products Hemp is a variety of cannabis but without the levels of THC found in marijuana. Hemp is...
Miyares and Harrington, LLP
Oct 24, 20192 min read
The Red Sox and Eminent Domain: A Winning Combination
Die-hard Red Sox fans recall when the Red Sox were not terribly successful in reaching the pinnacle of Major League Baseball competition...
Miyares and Harrington, LLP
Apr 29, 20192 min read
Minority Members of a Board Cannot Control Litigation
A recent Federal District Court decision highlights the distinction between the supermajority vote of a Special Permit Granting Authority...
Miyares and Harrington, LLP
Apr 29, 20192 min read
Town Meeting Moderators –You Set the Tone!
Town Meeting Time– the go-to guide for Town Meeting – states that, “[i]n King James’s day debate may have been properly classified in the...
Miyares and Harrington, LLP
Apr 29, 20191 min read
Supervisor of Public Records Authorizes Town to Charge Fees for Segregation and Redaction
In our March newsletter, we reported on a statement by the Supervisor of Public Records that municipalities require her authorization to...
Miyares and Harrington, LLP
Apr 29, 20191 min read
Rapid Fire Updates - April 2019
EPA: The Clean Water Act Does Not Apply to Groundwater On April 15, 2019, the U.S. Environmental Protection Agency (EPA) issued an...
Miyares and Harrington, LLP
Mar 28, 20192 min read
General vs. Zoning Ordinance or Bylaw – How to Choose?
Every municipality has, at one time or another, faced the problem of deciding whether to adopt a particular requirement as a general...
Miyares and Harrington, LLP
Mar 28, 20191 min read
Charging Fees for Discretionary Segregation and Redaction of Documents
The Public Records Law permits a Record Access Officer to assess reasonable fees for the production of a record. However, the requestor...
Miyares and Harrington, LLP
Mar 28, 20192 min read
Improper Filing with Supervisor of Public Records Is No Defense to an Untimely OML Complaint
As municipal boards and committees are increasingly aware, Open Meeting Law complaints must be filed with the public body within 30 days...
Miyares and Harrington, LLP
Mar 28, 20191 min read
Rapid Fire Updates - March 2019
Check out the New Department of Revenue's 2019-1 Bulletin (available here) Regarding Short-Term Rentals, Marijuana Revenues, and PEG...
Miyares and Harrington, LLP
Feb 28, 20191 min read
Staffing Changes Do Not Constitute Good Cause for Failing to Approve Minutes Under OML on Time
On January 25, 2019, the Attorney General found that the Kingston Board of Selectmen violated the Open Meeting Law (OML) by failing to...
Miyares and Harrington, LLP
Feb 28, 20193 min read
Gun Licenses: Some Are Granted; Some Are Not
A person must be licensed to carry a gun under M.G.L. c. 140, §131 in order to preserve the public health, safety and welfare. The...