Miyares and Harrington, LLPSep 12, 20203 minWhen Does a New Non-Conformity Not Require a Variance?The Zoning Act provides protection for existing structures and uses from changes in local zoning requirements. Central to M.G.L. c.40A,...
Miyares and Harrington, LLPJul 31, 20203 minCollecting Civil Penalties: Follow Requisite Procedures or Collect NothingThe recent Appeals Court case of Maroney v. Planning Board of Haverhill, 19-P-566 (Appeals Court June 15, 2020) highlights the pitfalls...
Miyares and Harrington, LLPJul 31, 20202 minDEP Must Perform an Independent Analysis of BACT, Says the First CircuitEarlier this month, the Town of Weymouth, represented by our own Ray Miyares, Bryan Bertram, and Katherine Stock, won its challenge in...
Miyares and Harrington, LLPJul 31, 20201 minRapid Fire Update - July 2020MassDOT Shared Streets and Spaces Funding Program MassDOT has announced a $5 million grant program to municipalities to launch or expand,...
Miyares and Harrington, LLPJul 31, 20202 minFID and the Unsuitable Person ProcessM.G.L. c. 140, § 129B formerly permitted a licensing authority to deny a firearm identification card (FID) only if the applicant was a...
Miyares and Harrington, LLPMay 29, 20202 minThe Supreme Court Rules that Some Discharges to Groundwater Require a NPDES PermitThe federal Clean Water Act, 33 U.S.C. §§1251 et seq., requires a permit for discharges from a point source to “navigable waters,” which...
Miyares and Harrington, LLPMay 29, 20201 minRapid Fire Update - May 2020EPA Issues Final Rule Redefining "Waters of the United States" On April 21, the U.S. Environmental Protection Agency issued a final rule...
Miyares and Harrington, LLPMay 29, 20202 minResolving Tension Between a Strong Fire Chief’s Managerial Rights & Collective Bargaining AgreementsThe Massachusetts Appeals Court recently issued a decision affirming that Massachusetts Fire Chiefs possess non-delegable management...
Miyares and Harrington, LLPApr 30, 20202 minThe Community Caretaker Doctrine Extends to Warrantless Entry of a ResidencePolice serve many critical community functions other than law enforcement: crowd control, responding to accidents and other emergencies,...
Miyares and Harrington, LLPApr 30, 20202 minSection 12 Alcohol License – Any Illegality Puts the License at RiskA bar with an all-alcohol license, issued under M.G.L. c. 138, §12, which permits the premises to serve alcohol to patrons on site, also...
Miyares and Harrington, LLPApr 30, 20202 minTown Meeting Warrants – How Specific Do the Articles Need to Be?The Supreme Judicial Court recently had occasion to review and affirm the adequacy of a Town Meeting Warrant article that the Town itself...
Miyares and Harrington, LLPMar 31, 20202 minThe Tort Claims Act Requires “Presentment” of a Claim within Two Years.The SJC Defines It.It is well known that, before a municipality may be sued for a tort such as negligence, claimants must “present” their claims to the...
Miyares and Harrington, LLPMar 31, 20201 minWhat to Do When Your Website and Notice of Meetings are OfflineA number of municipal websites throughout the Commonwealth recently were impacted by an outage. Municipalities that have designated their...
Miyares and Harrington, LLPMar 31, 20202 minMunicipal Ownership by Prescriptive Easement is Not a TakingAnother recent Supreme Judicial Court decision, Gentili v. Town of Sturbridge, sheds light on the distinction between a municipality’s...
Miyares and Harrington, LLPFeb 21, 20202 minThe Tort Claims Act Applies to Municipal “Commercial” Services but Permits Class ActionsOur January newsletter promised an analysis of Magliacane v. City of Gardner, an important decision from the Supreme Judicial Court...
Miyares and Harrington, LLPFeb 21, 20201 minRapid Fire Updates - February 2020Check out the new DLS Municipal Finance Training and Resource Center! It is full of helpful videos and documents. DLS even has its own...
Miyares and Harrington, LLPFeb 21, 20202 minThe Pesticide Control Act Does Not Preempt a Municipality’s Authority to Enforce Its Wetlands BylawA recent Berkshire County Superior Court decision, Stockbridge Bowl Association, Inc. v. Town of Stockbridge Conservation Commission,...
Miyares and Harrington, LLPFeb 21, 20202 minCity Preliminarily Enjoined from Enforcing its Marijuana MoratoriumOn January 24, 2020, a Middlesex Superior Court judge enjoined the City of Cambridge from enforcing an ordinance that prohibits...
Miyares and Harrington, LLPJan 21, 20201 minRapid Fire Update - January 2020New IGR Regarding Community Preservation Fund The Community Preservation Act has been the subject of considerable interpretation and...
Miyares and Harrington, LLPJan 21, 20202 minNew Ethics Commission Advisory on Gifts and GratuitiesThe State Ethics Commission recently issued a new advisory on the kinds of gifts and gratuities a public employee may receive under...