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...
Search
Miyares and Harrington, LLP
- 3 days ago
- 4 min
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...
37 views0 comments
Miyares and Harrington, LLP
- 3 days ago
- 1 min
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...
5 views0 comments
Miyares and Harrington, LLP
- Oct 27
- 1 min
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...
17 views0 comments
Miyares and Harrington, LLP
- Oct 27
- 2 min
Communication Conundrum
In a recent Department of Labor Relations (DLR) decision, In re: Town of Chelmsford et al., MUP-7227 (consolidated with two other...
29 views0 comments
Miyares and Harrington, LLP
- Oct 27
- 1 min
Rapid Fire Updates - October 2022
ARPA Panel Seeks Public Comments for Fund Allocation The Federal Funds Equity & Accountability Review Panel (ARPA Equity Panel) has...
3 views0 comments
Miyares and Harrington, LLP
- Sep 30
- 2 min
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...
40 views0 comments
Miyares and Harrington, LLP
- Sep 30
- 2 min
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...
27 views0 comments
Miyares and Harrington, LLP
- Sep 30
- 2 min
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...
53 views0 comments
Miyares and Harrington, LLP
- Aug 31
- 2 min
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...
28 views0 comments
Miyares and Harrington, LLP
- Aug 31
- 3 min
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...
31 views0 comments
Miyares and Harrington, LLP
- Aug 31
- 2 min
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...
29 views0 comments
Miyares and Harrington, LLP
- Aug 31
- 2 min
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...
32 views0 comments
Miyares and Harrington, LLP
- Jul 29
- 2 min
A Reminder to Boards and Commissions to Write Your Decisions Carefully
In City of Boston v. Conservation Commission of Quincy, the Supreme Judicial Court held that a superseding order of conditions that DEP...
49 views0 comments
Miyares and Harrington, LLP
- Jul 29
- 2 min
Supreme Court Establishes a New Standard for Religious Expression in Schools
On June 27, 2022, the Supreme Court held that a school violated its football coach’s First Amendment rights when it suspended and then...
19 views0 comments
Miyares and Harrington, LLP
- Jul 29
- 1 min
Supreme Court's Impact on Firearms Licenses
In another case from this year’s term, the Supreme Court struck down New York’s law regulating when individuals may carry firearms in...
21 views0 comments
Miyares and Harrington, LLP
- Jul 29
- 1 min
Rapid Fire Updates - July 2022
Drought Status is Elevated The Secretary of Energy and Environmental Affairs has updated the statewide drought status designations,...
8 views0 comments
Miyares and Harrington, LLP
- Jun 27
- 2 min
The Appeals Court Takes a Holistic View of Residency Requirements for Elected Officials
Is the residence of a candidates for election different from their domicile for voting purposes? The Massachusetts Appeals Court says no...
32 views0 comments
Miyares and Harrington, LLP
- Jun 27
- 2 min
Supreme Judicial Court Provides Guidance to Communities Considering Solar Energy Ordinances/Bylaws
As many of our readers are aware, the Commonwealth is experiencing a rapid growth in the number of new utility-scale solar energy...
26 views0 comments
Miyares and Harrington, LLP
- Jun 27
- 2 min
A Precise Zoning Bylaw Is Imperative for Split-lot Zoning Situations
In Pinecroft Development, Inc. v. Zoning Board of Appeals of West Boylston, the Massachusetts Appeals Court reviewed a case of “split...
27 views0 comments