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Environmental Litigation (4)

Appeals Court Summary Decisions In 2020 Involving Municipal Boards Give Insights On Email Settlements, Constructive Approvals, and Permit Extensions

Written by
/ Published Friday, 05 February 2021 10:06
Three selected 2020 summary decisions of the Massachusetts Appeals Court illustrate, in short and sweet opinions, the implications of settlement negotiations by emails, tactical moves while challenging a local board’s decision, the ins and outs of getting permit extensions, what happens in court review of a tribunal’s decision, and how a well-maintained document record, well-run deliberation, and well-written decision can determine who wins or loses and why.

Appeals Court Overturns $640,000 Jury Verdict for Regulatory Taking

Written by
/ Published Friday, 22 March 2019 13:44
In an important case on an often-raised issue, Smyth v. Conservation Commission of Falmouth, Case No. 17-P-1189, the Massachusetts Appeals Court on February 19, 2019 reversed a Superior Court jury verdict of $640,000.00 on a claim that the Falmouth Wetland Bylaw, as applied, created a “regulatory taking” of plaintiff’s property. This decision has been long-awaited by land use and real estate practitioners.

State's High Court Gives Green Light to Ten-Citizen Suit Seeking MEPA Review of Fellsway Project

Written by
/ Published Tuesday, 10 December 2013 19:00
Citizen groups may sue project proponents using the so-called Citizen Suit Statute, G.L. c. 214, §7A, to challenge decisions allowing projects that would allegedly cause damage to the environment in violation of the Massachusetts Environmental Policy Act ("MEPA").

State Appeals Court Calculates Deadline to File Certiorari Case Against Conservation Commission

Written by
/ Published Wednesday, 28 December 2011 19:00
The Massachusetts Appeals Court recently decided the question of when the clock begins running to file a court appeal for certiorari review under M.G.L. ch. 249, §4, specifically against a conservation commission that had issued an enforcement order.

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