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The Future of Host Community Agreements and Marijuana
The recreational use of marijuana was legalized by Massachusetts voters in 2016. Pursuant to M.G.L. c.94G, §4, the Cannabis Control...
Miyares and Harrington, LLP
Aug 24, 20213 min read
Instruments in Land and Offensive, Illegal Restrictions
From time to time, title examiners and real estate practitioners come across deeds or other real property instruments that include...
Miyares and Harrington, LLP
Jul 30, 20212 min read
The Rules of Blackjack and the Auer Doctrine
In two class action suits consolidated at oral argument before the Supreme Judicial Court, DeCosmo v. Blue Tarp Redevelopment, LLC and...
Miyares and Harrington, LLP
Jul 30, 20213 min read
The Legal Pitfalls When a New Utility Project is Proposed in Your Municipality
State and local governments sometimes find themselves enmeshed in litigation with public utility companies, particularly those in the...
Miyares and Harrington, LLP
Jul 30, 20213 min read
Rapid Fire Updates - June 2021
IGR 21-15, “Owners Unknown” Assessments The Department of Revenue, Division of Local Services has issued a new Informational Guideline...
Miyares and Harrington, LLP
Jun 23, 20211 min read
The Appeals Court Reminds Municipalities to Keep Zoning Regulations up to Date
The fledgling cannabis industry has matured in the nearly five years since November 2016, when the Commonwealth legalized adult...
Miyares and Harrington, LLP
Jun 23, 20213 min read
Summary of Changes to the Regulations Under the Public Records Act
The Supervisor of Public Records has amended the Public Access Regulations, 950 CMR 32.00, effective June 11, 2021. In addition to minor...
Miyares and Harrington, LLP
Jun 23, 20213 min read
Post-Pandemic and the Shape of the New Normal
The pandemic ushered in a sea change in municipal operations. Although the declared state of emergency has ended, some of the changes...
Miyares and Harrington, LLP
Jun 23, 20212 min read
Rapid Fire Updates - May 2021
The Department of Revenue, Division of Local Services has issued three new Informational Guideline Releases: 1. Updated Guidance for...
Miyares and Harrington, LLP
May 25, 20211 min read
Climate Policy, Municipal Light Plants, and Local Taxation
Governor Baker recently signed into law “An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy,” Chapter 8 of the...
Miyares and Harrington, LLP
May 25, 20212 min read
It Soon Will Be Time to Reevaluate Those Voting Precincts!
It soon will be that time again. M.G.L. c.54, §6 states that “[i]n the year 2001 and every tenth year thereafter”, the Select Board of...
Miyares and Harrington, LLP
May 25, 20212 min read
More Federal Funds Come to Your Municipality; How Can You Use Them?
The American Rescue Plan Act of 2021 appropriates federal funds directly to “metropolitan cities” and funds through the state to...
Miyares and Harrington, LLP
May 25, 20212 min read
Rapid Fire Updates - April 2021
Updated Guidance for Enterprise Funds; Juneteenth is a New State Holiday, Offices Must be Closed
Miyares and Harrington, LLP
Apr 27, 20211 min read
Help Your Restaurants Prepare for the End of the COVID-19 State of Emergency
Outdoor dining may end unless your municipality takes action.
Miyares and Harrington, LLP
Apr 27, 20212 min read
Appeals Court Indicates Support for Legislative Changes to Foreclosure of the Right of Redemption
Foreclosure of the right of redemption can be inequitable, is strictly construed against the foreclosing entity.
Miyares and Harrington, LLP
Apr 27, 20212 min read
The Overburden of an Easement Is Not Always Easy to Determine
The overburden of an easement is a matter of reasonable foreseeability of the intended use.
Miyares and Harrington, LLP
Apr 27, 20212 min read
Municipal Water Rights by Special Act are not Wholly Extinguished by the Water Management Act
The Water Management Act did not sweep away municipalities’ Special Act rights to take, hold, or otherwise withdraw water from water bodies
Miyares and Harrington LLP
Mar 30, 20212 min read
Mosquito Bites? Not in our Municipality!
Municipalities must act by May 15 to opt out of mosquito control spraying by the State Reclamation and Mosquito Control Board
Miyares and Harrington LLP
Mar 30, 20211 min read
Make Sure Your Floodplain Bylaws/Ordinances are Up to Date
To participate in the national flood insurance program, a community must adopt local laws that enforce federal floodplain standards
Miyares and Harrington LLP
Mar 30, 20211 min read
Rapid Fire Update - March 2021
Updated Guidance on Betterments and Special Assessments
Miyares and Harrington LLP
Mar 30, 20211 min read