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Miyares and Harrington, LLP
Dec 22, 20221 min read
December 2022 News & Events
We are pleased to announce that Ivria G. Fried has been elevated to the partnership effective January 1, 2023. Ivria joined Miyares and...
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”)....
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...
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...
Miyares and Harrington, LLP
Nov 29, 20221 min read
November 2022 News & Events
The peers of our retired partner, J. Raymond Miyares, have recognized Ray’s impressive and lengthy service in the field of municipal law...
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...
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
October 2022 News & Events
October is replete with firm news, none of it scary. First, we congratulate and honor our founding father and mentor to us all, J....
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...
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...
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...
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...
Miyares and Harrington, LLP
Sep 30, 20221 min read
Rapid Fire Updates - September 2022
Cybersecurity Grants The Department of Homeland Security will distribute over $1 billion over the next four years to assist and protect...
Miyares and Harrington, LLP
Aug 31, 20222 min read
Don't Overlook Defects in the Presentment Notice Required by the Massachusetts Tort Claims Act
The Massachusetts Appeals Court recently dismissed a portion of a lawsuit against the Cambridge Public Schools because it found that the...
Miyares and Harrington, LLP
Aug 31, 20223 min read
Unused Vacation Time Cannot Count Towards Public Employee Pension Benefit
Municipal collective bargaining agreements and employment contracts are replete with provisions authorizing or requiring certain...
Miyares and Harrington, LLP
Aug 31, 20222 min read
Highlights of the Significant Changes to Regulation of Marijuana Businesses
The end of the legislative session saw the passage of, S.3096, An Act relative to equity in the cannabis industry, enacted with vocal...
Miyares and Harrington, LLP
Aug 31, 20222 min read
Taxation and Regulation of Solar Energy Projects Under the DRIVE Act
Earlier this month Governor Baker signed “An Act Driving Clean Energy and Offshore Wind”, Chapter 179 of the Acts of 2022. The dual-use...