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An important Supreme Judicial Court decision, Carroll v. Select Board of Norwell (SJC-13410, January 5, 2024) upheld the Town of Norwell's designation of land for affordable housing purposes and rejected an attempt by residents to transfer the property to another purpose without the Select Board's determination under G.L. c. 40, Section 15A that the land was no longer needed for affordable housing purposes.

Published in Land Use Law

Article 97 of the Amendments to the Massachusetts Constitution, approved by the voters in 1972, established a right to a clean environment including its natural, scenic, historical, and aesthetic qualities for the citizens of the Commonwealth.

Published in Article 97

Article 97 of the Amendments to the Massachusetts Constitution, approved by the voters in 1972, established a right to a clean environment including its natural, scenic, historical, and aesthetic qualities for the citizens of the Commonwealth.   

Published in Environmental Law

We remind ourselves of the seminal decision in Mahajan v. DEP, 464 Mass. 604 (2013) – in which the Supreme Judicial Court (SJC) reversed and remanded a Superior Court decision that Article 97 applied to Long Wharf in Boston – in light of the SJC’s more recent ruling in Smith v. City of Westfield, 478 Mass. 49 (2017).

Published in Natural Resources

Luke Legere spoke on Article 97 protection for public lands at the 2018 Essex County Open Space Conference hosted by Essex County Greenbelt at the HC Media Studio in Haverhill on December 1, 2018. His co-presenter was Kathleen O'€™Donnell, who is expert on real estate aspects of ensuring protection for open space. Together they presented the latest on law, policy, politics, practical tips, and recent important court decisions. Law suits are prevalent between residents and municipalities challenging applicability of Article 97, which is important for land trusts, environmental organizations, and municipal officials and boards to know about. Download Mr. Legere'€™s PowerPoint presentation title: Article 97 Protection After Smith v. City of Westfield, from our Slideshow/Powerpoint section in our Reading Room.

Published in Land Use Law

In an unequivocal victory for environmentalists and proponents of open space and outdoor recreation, the MA Supreme Judicial Court has ruled that Article 97 protection may be triggered for municipal land without formally recording a deed, conservation restriction, or other instrument in the chain of title. Article 97, enacted by the voters in 1972, is an important element of the state's Public Trust Doctrine protecting public land and water areas.

Published in Natural Resources

Across the spectrum of environmental law we offer advice and representation
with practical, results-oriented lawyering.

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