Attorney Blog

New Developments in Environmental Law

Court Decision Reminds Us Who Can Enforce The Public Trust Doctrine and Reserved Public Rights in Tidelands

Written by
/ Published Monday, 04 February 2019 15:00

Only the Commonwealth may enforce public trust rights in Commonwealth tidelands. Property owners lack legal authority to use private litigation for enforcement of public trust rights. That important principle was reinforced in the Massachusetts Appeals Court’s July 10, 2018 decision in the case of Commercial Wharf East Condominium Assoc. v. Boston Boat Basin, LLC, 93 Mass. App. Ct. 523 (2018).

Partner Luke Legere Presents on Article 97 Protection for Public Lands

Written by
/ Published Thursday, 13 December 2018 15:31

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.

Gregor McGregor Co-Chair of Jan 2019 National Environmental Law Seminar at Snowmass, Colorado

Written by
/ Published Friday, 23 November 2018 16:10

Gregor I. McGregor of McGregor & Legere, PC will once again co-chair the 2019 Environmental, Land Use and Energy Law Seminar taking place at Snowmass, CO on January 2-6, 2019 at the National CLE & Ski Conference.

Miramar Beach Dredged Spoils Case: SJC Elaborates Role of Regulatory Performance Standards

Written by
/ Published Thursday, 04 October 2018 16:44

On August 20, 2018 the Supreme Judicial Court issued a decision in Miramar Park Association, Inc. & Others, v. Town of Dennis, considering whether the Town of Dennis violated state environmental regulations by not depositing the spoils from a river-dredging project on a private beach. Yes, it’s as convoluted as it sounds.

Updated Version of "Tips and Techniques for Buying and Selling Dirty Property" to be Presented at the Fall Conference for REBA

Written by
/ Published Friday, 14 September 2018 15:53

The firm's principal, Gregor I. McGregor, has updated his popular article on Buying and Selling Dirty Property, including a new section with example clauses as suggested wording for the many types of real estate contracts.

Appeals Court Limits Private Enforcement of Waterfront and Tidelands Public Trust Rules

Written by
/ Published Tuesday, 07 August 2018 11:14

Property owners lack legal authority to use private litigation to enforce their public trust rights. Only the Commonwealth may enforce public trust rights in Commonwealth tidelands and other waterfront areas. That important principle was reinforced in the Massachusetts Appeals Court’s July 10, 2018 decision in the case of Commercial Wharf East Condominium Assoc. v. Boston Boat Basin, LLC, 93 Mass. App. Ct. 523 (2018).

Risky Business: Using Email to Communicate Among State and Local Government Board Members Outside of Meetings

Written by
/ Published Thursday, 05 April 2018 12:20

Many people embrace the state’s Open Meeting Law goal to have deliberations and decisions of local government boards, committees, and commissions open to public view. At the same time, most people have fully incorporated e-mail into their lives as an efficient means of communications. When serving on a conservation commission, planning board, zoning board of appeal, board of health, or other local board, committee or commission, the prolific use of email and laudable public policy can collide.

SJC Ruling Favors Owners on Deadline to Sue for Property Damage by Contamination

Written by
/ Published Wednesday, 14 March 2018 11:50

In the case of Grand Manor Condominium Association v. City of Lowell, the Supreme Judicial Court established with clarity an important rule as to when the statute of limitations begins to run for filing in court a claim for property damage under the Massachusetts Superfund statute, General .Laws, Chapter. 21E, Section 5(a)(iii). The SJC ruled that a claim for such damage due to contamination does not accrue until the plaintiff learns that the damage is not reasonably or feasibly curable.

Tiny Houses Face Zoning and Other Obstacles in Massachusetts

Written by
/ Published Friday, 09 February 2018 16:23

Tiny House fever is sweeping the nation. The public seems to be head over (w)heels for the concept—small yet artistically crafted homes offering the key elements of a house in the space of a traditional garden shed.

McGregor & Legere Client Landowner Wins Million Dollar Land Use Civil Rights Abuse Case

Written by
/ Published Tuesday, 16 January 2018 14:16

We recently concluded a successful court case, captioned “Thyng v. Thomas P. Kelly, individually, et al,” in Norfolk Superior Court. We represented Scotty Thyng, a long-time local landowner in the City of Quincy.

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