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.
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Miyares and Harrington, LLP
- Apr 26, 2021
- 1 min
Rapid Fire Updates - April 2021
Updated Guidance for Enterprise Funds; Juneteenth is a New State Holiday, Offices Must be Closed
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Miyares and Harrington, LLP
- Mar 30, 2021
- 1 min
March News & Events
Perhaps this March edition of the Miyares and Harrington LLP newsletter in will help you forget the misery of your busted March madness...
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Miyares and Harrington LLP
- Mar 30, 2021
- 2 min
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
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Miyares and Harrington LLP
- Mar 30, 2021
- 1 min
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
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Miyares and Harrington LLP
- Mar 30, 2021
- 1 min
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
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Miyares and Harrington LLP
- Mar 30, 2021
- 1 min
Rapid Fire Update - March 2021
Updated Guidance on Betterments and Special Assessments
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Miyares and Harrington LLP
- Mar 16, 2021
- 2 min
CLIENT ALERT March 17, 2021 COVID-19 and Municipal Operations
Guidance continues to update as vaccination rates increase and infection and death trends improve. This Alert highlights the most recent...
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Miyares and Harrington LLP
- Feb 26, 2021
- 2 min
CLIENT ALERT February 26, 2021 COVID-19 and Municipal Operations
The Governor announced on February 25, 2021, that the Commonwealth will advance to Phase III, Step 2 of the Commonwealth’s Reopening Plan...
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Miyares and Harrington, LLP
- Feb 25, 2021
- 1 min
February 2021 News & Events
Have you had your COVID-19 vaccination yet? You can catch up on the latest in municipal law developments in this February edition of the...
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Miyares and Harrington LLP
- Feb 24, 2021
- 1 min
Police Reform is Here
Municipal police officers must be trained and certified
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Miyares and Harrington LLP
- Feb 24, 2021
- 2 min
Rules for Smart Growth Have Changed
The Legislature encourages the adoption of smart growth and starter home zoning districts
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Miyares and Harrington LLP
- Feb 24, 2021
- 2 min
Contract Provision Indemnifying Municipality Applies Even Without an Explicit Demand to Contractor
Contractors who indemnify municipalities cannot wait for an express demand for indemnification
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Miyares and Harrington LLP
- Feb 24, 2021
- 1 min
Rapid Fire Update - February 2021
Don't Jump the Vaccination Line
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Miyares and Harrington, LLP
- Jan 21, 2021
- 1 min
January 2021 News & Events
Happy New Year! May 2021 bring you all tranquility, good health, and few surprises. Start the new year on an educational note by perusing...
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Miyares and Harrington LLP
- Jan 20, 2021
- 2 min
Brian Bertram is the New Chair of our Energy Practice Group
Bryan Bertram is the new chair of the firm’s Energy Practice Group
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Miyares and Harrington LLP
- Jan 20, 2021
- 3 min
The Zoning Act is Loosened for "Housing Choice"
The Zoning Act is amended to encourage community housing.
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Miyares and Harrington LLP
- Jan 20, 2021
- 2 min
Cannabis Control Commission Approves Delivery Regulations
Delivery of recreational marijuana is here. What does that mean?
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Miyares and Harrington LLP
- Jan 20, 2021
- 1 min
Rapid Fire Updates - January 2021
USEPA Finalizes Modifications to MS4 Permit; Running for Municipal Office? Remember This
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Miyares and Harrington LLP
- Jan 8, 2021
- 2 min
CLIENT ALERT January 8, 2021 COVID-19 and Municipal Operations
The Department of Elementary and Secondary Education - DESE - issued a memorandum to superintendents, charter school leaders, and leaders...
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Miyares and Harrington, LLP
- Sep 11, 2020
- 1 min
August-September 2020 News & Events
The end of summer is usually a slower, quieter month for municipalities. Not so this year, with school opening uncertainties, early...
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Miyares and Harrington, LLP
- Sep 11, 2020
- 2 min
Standing Issues in Zoning Cases Continue to Have Legs
Our readers may remember that, in our October 2019 newsletter, we discussed the Appeals Court’s opinion in Murchison v. Zoning Bd. of...
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Miyares and Harrington, LLP
- Sep 11, 2020
- 3 min
When 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,...
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Miyares and Harrington, LLP
- Sep 11, 2020
- 1 min
A note on language: Grandfathering
The Comstock opinion has garnered most attention, not for its holding, but for a footnote on the history of a common term used in zoning...
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