Newsletter Articles 3/10

Nov 30, 20232 min read

Holiday Season and Acceptance of Gifts

At this time of year, citizens and users of public services may choose to thank public employees with small gifts at this time of year....

The Attorney General’s Municipal Law Unit Approves with Concerns a New MBTA Communities’ Bylaw

Harrington Heep, LLP

Nov 30, 20232 min read

The Attorney General’s Municipal Law Unit Approves with Concerns a New MBTA Communities’ Bylaw

The Municipal Law Unit approved a Pembroke zoning bylaw amendment intended to comply with zoning requirements for MBTA Communities...

Harrington Heep, LLP

Nov 30, 20231 min read

Rapid Fire Updates - November 2023

Rapid Fire Updates

Attorney General Opines that the Tax Lien Foreclosure Law is Unconstitutional

Miyares and Harrington, LLP

Oct 27, 20232 min read

Attorney General Opines that the Tax Lien Foreclosure Law is Unconstitutional

Our last newsletter reported on the U.S. Supreme Court’s decision in Tyler v. Hennepin County, 598 U.S. 631 (2023), in which the Court held

Updates on Processes for Classification of Chapter Land

Miyares and Harrington LLP

Oct 19, 20232 min read

Updates on Processes for Classification of Chapter Land

Long-time readers of our newsletter will be well-versed in the intricacies of the reduction of real property tax assessments for certain lan

MA Dept. of Revenue Releases Guidance on Retaining Surplus Proceeds from Tax Title Foreclosures

Miyares and Harrington, LLP

Sep 12, 20232 min read

MA Dept. of Revenue Releases Guidance on Retaining Surplus Proceeds from Tax Title Foreclosures

In May, the U.S. Supreme Court issued its decision in Tyler v. Hennepin County, 598 U.S. 631 (2023). At issue was what should happen to...

Social Equity to be Imposed on Communities That Host Cannabis

Miyares and Harrington, LLP

Sep 12, 20232 min read

Social Equity to be Imposed on Communities That Host Cannabis

In July, the Cannabis Control Commission voted to approve edits to revise 935 CMR 500.000: Adult Use of Marijuana and 935 CMR 501.000:...

Miyares and Harrington, LLP

Sep 12, 20232 min read

When Rocks Do Not Make an Island

Land Court finds that historic Gravel Ledge lighthouse does not fall under the jurisdiction of the town of Hull.

Miyares and Harrington, LLP

Sep 12, 20231 min read

Rapid Fire Update - September 2023

New Air Regulation for Large Entities and Their Vehicles DEP adopted a new regulation 310 CMR 7.41: Large Entity Reporting Requirement,...

Proper Payment of Police Cadets Under the Wage Act

Miyares and Harrington, LLP

Jul 27, 20232 min read

Proper Payment of Police Cadets Under the Wage Act

Cadets who are employed must be paid as police officers.

Employment Discrimination and the “Cat’s Paw” Theory of Liability

Miyares and Harrington, LLP

Jul 27, 20232 min read

Employment Discrimination and the “Cat’s Paw” Theory of Liability

A supervisor unaware of a corporate policy of discrimination may still act unlawfully by terminating an employee consistent with that policy

Use of Public School Buildings for Political Purposes

Miyares and Harrington, LLP

Jul 27, 20231 min read

Use of Public School Buildings for Political Purposes

School buildings may be used for political purposes.

The Office of the Inspector General Reminds Municipalities to Avoid Bid-Splitting

Miyares and Harrington, LLP

Jul 27, 20231 min read

The Office of the Inspector General Reminds Municipalities to Avoid Bid-Splitting

Intentionally splitting purchases so as to be below $10,000 is illegal under G.L. c. 30B.

Sackett v. EPA: Massachusetts Wetlands Regulation is Unchanged

Miyares and Harrington, LLP

Jun 26, 20232 min read

Sackett v. EPA: Massachusetts Wetlands Regulation is Unchanged

Our readers may be aware that a recent United States Supreme Court Decision, Sackett v. Environmental Protection Agency, No. 21-454 (May...

Religious Uses Under the Dover Amendment, G. L. c. 40A, §3

Miyares and Harrington, LLP

Jun 26, 20232 min read

Religious Uses Under the Dover Amendment, G. L. c. 40A, §3

Section 3 of The Zoning Act, G.L. c. 40A, also known as the Dover Amendment, provides that zoning may not “regulate or restrict the use...

When Bids Must be Opened Publicly Under Ch. 30B

Miyares and Harrington, LLP

Jun 26, 20232 min read

When Bids Must be Opened Publicly Under Ch. 30B

A recent Appeals Court judgment in favor of the Martha’s Vineyard Airport Commission in Airport Fuels, Inc. v. Martha’s Vineyard Airport...

Proceeds from Tax Title Foreclosures – A Quick Take on the Supreme Court’s Decision

Miyares and Harrington, LLP

May 30, 20233 min read

Proceeds from Tax Title Foreclosures – A Quick Take on the Supreme Court’s Decision

Tax title foreclosure pursuant to G.L. c. 60 has long been scrutinized due to the fact that Massachusetts taxpayers are not automatically...

Miyares and Harrington, LLP

May 30, 20231 min read

Rapid Fire Update - May 2023

Updates to the Municipal Records Retention Schedules The state imposes requirements on how long municipalities must retain municipal...

Valuable Updates from DOR Division of Local Services

Miyares and Harrington, LLP

May 30, 20231 min read

Valuable Updates from DOR Division of Local Services

The Division of Local Services (DLR) publishes throughout the year helpful data and guidance of interest to all local officials. Its most...

Miyares and Harrington, LLP

May 30, 20231 min read

Tips for Successful Town Meetings

Now that most have completed their Annual Town Meetings, it may be helpful to share techniques and processes that have been helpful in...

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