Newsletter Articles 4/10

May 30, 20232 min read

Changing the Scope of Easements Taken by Eminent Domain

The Supreme Judicial Court recently held that an easement taken for one purpose may require additional compensation to the subservient...

Incivility in Public Discourse Cannot Be Banned

Miyares and Harrington, LLP

Mar 20, 20233 min read

Incivility in Public Discourse Cannot Be Banned

On March 7, 2023, the Supreme Judicial Court unanimously ruled that “civility restraints on the content of speech at a public comment...

The "Strong" Fire Chief Statute Does Not Confer Lifetime Tenure

Miyares and Harrington, LLP

Mar 20, 20233 min read

The "Strong" Fire Chief Statute Does Not Confer Lifetime Tenure

Many towns have accepted the provisions of G.L. c. 48, § 42, commonly referred to as the “strong” fire chief statute, in contrast to the...

ChatGPT and AI; Is Municipal Government Ready?

Miyares and Harrington, LLP

Mar 20, 20231 min read

ChatGPT and AI; Is Municipal Government Ready?

The latest buzz has been about the growth of AI, of which the one most commonly referred to is ChatGPT. What are the drawbacks of using...

Miyares and Harrington, LLP

Mar 20, 20231 min read

Rapid Fire Updates - March 2023

Outdoor Dining and Alcohol Service Coming to an End Under Section 15 of Chapter 42 of the Acts of 2022, municipalities are allowed to...

Miyares and Harrington, LLP

Jan 18, 20231 min read

Town Election Season and Voting by Mail

Early voting can impose an administrative burden on city and town clerks, particularly for smaller municipalities. Remember that pursuant...

Secretary of the Commonwealth Updates the Guide to the Massachusetts Public Records Law

Miyares and Harrington, LLP

Jan 18, 20231 min read

Secretary of the Commonwealth Updates the Guide to the Massachusetts Public Records Law

In December, the Secretary of the Commonwealth updated the Guide to the Massachusetts Public Records Law, tightening the requirements for...

Miyares and Harrington, LLP

Jan 18, 20232 min read

Final Regulations for the Stretch Code and the Opt-In Specialized Code are Adopted

On December 9, 2022, the Department of Energy Resources (DOER) filed its final regulations for the Stretch Code, 225 CMR 22.00 and 225...

DEP Set to Adopt New Regulations Impacting Septic Systems and Water Management Act Registrations

Miyares and Harrington, LLP

Dec 22, 20223 min read

DEP Set to Adopt New Regulations Impacting Septic Systems and Water Management Act Registrations

We are closely monitoring two sets of regulatory amendments proposed by the Department of Environmental Protection (the “Department”)....

AG Treatment of Zoning Bylaws of Solar Energy and Battery Storage Systems Since Tracer Lane

Miyares and Harrington, LLP

Dec 22, 20223 min read

AG Treatment of Zoning Bylaws of Solar Energy and Battery Storage Systems Since Tracer Lane

We summarized in our June newsletter the SJC’s decision in Tracer Lane II Realty, LLC v. Waltham, 489 Mass. 775 (2022), which dealt with...

SJC Guidance on the Requirement for a Surety Bond in Appeals of Land Use Decisions

Miyares and Harrington, LLP

Dec 22, 20221 min read

SJC Guidance on the Requirement for a Surety Bond in Appeals of Land Use Decisions

In 2020, G.L. c. 40A, § 17 was amended to provide that a plaintiff appealing the grant of a special permit, variance, or site plan could...

Full Stop on HRD Promotional Examinations

Miyares and Harrington, LLP

Nov 29, 20222 min read

Full Stop on HRD Promotional Examinations

“The best test takers are not necessarily the best police sergeants.” With that opening line, a Superior Court judge ruled that the...

New Rules to Change the Use or Dispose of Article 97 Land

Miyares and Harrington, LLP

Nov 29, 20224 min read

New Rules to Change the Use or Dispose of Article 97 Land

On November 17, 2022, Governor Baker signed Chapter 274 of the Acts of 2022, An Act Preserving Open Space in the Commonwealth. The Act...

Miyares and Harrington, LLP

Nov 29, 20221 min read

Rapid Fire Updates - November 2022

Release by DHCD of Section 3A Compliance Model The Department of Housing and Community Development has released the model for...

Miyares and Harrington, LLP

Oct 27, 20221 min read

Here Be Dragons?

The meaning of the word “agriculture” has long been fertile ground for litigation and, in the recent case of Fleming v. Town of Oxford...

Miyares and Harrington, LLP

Oct 27, 20222 min read

Communication Conundrum

In a recent Department of Labor Relations (DLR) decision, In re: Town of Chelmsford et al., MUP-7227 (consolidated with two other...

Miyares and Harrington, LLP

Oct 27, 20221 min read

Rapid Fire Updates - October 2022

ARPA Panel Seeks Public Comments for Fund Allocation The Federal Funds Equity & Accountability Review Panel (ARPA Equity Panel) has...

Retirees May Lose Pension Benefits for Post-Retirement Criminal Activity

Miyares and Harrington, LLP

Sep 30, 20222 min read

Retirees May Lose Pension Benefits for Post-Retirement Criminal Activity

Earlier this month, the Supreme Judicial Court held that retirees who engage in certain criminal activity post-retirement may be subject...

Independent Contractor vs. Employee – A Perennial Question

Miyares and Harrington, LLP

Sep 30, 20222 min read

Independent Contractor vs. Employee – A Perennial Question

G.L. c. 149, § 148B states that a person who provides services is an employee unless three criteria are met – they are not under the...

Flashback Friday: Lights, Action, Camera! In My Public Building?

Miyares and Harrington, LLP

Sep 30, 20222 min read

Flashback Friday: Lights, Action, Camera! In My Public Building? 

Editor’s Note: Please enjoy our guidance from the September 2019 issue concerning First Amendment Audit best practices. There is a...

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