Local zoning decisions can radically change the landscape of neighborhoods, and challenging a local zoning board's decision in the Commonwealth's courts poses several procedural traps for the unwary. This is particularly true for challenging zoning decisions issued by...
Zoning Appeals
Massachusetts Appeals Court Overturns Wind Turbine Zoning Ruling
In Drummey v. Town of Falmouth, the Massachusetts Appeals Court overturned a Superior Court ruling and held that the Town of Falmouth incorrectly failed to obtain a special use permit from the Falmouth zoning board of appeals in order to construct and install a wind...
Appeals Court Settles Jurisdiction Question For Large-Scale Development Projects
In February, the Massachusetts Appeals Court clarified that the Land Court and Superior Court have exclusive jurisdiction over appeals of permits granted by cities and towns for large-scale development projects. See Skawski v. Greenfield Investors Property Dev., LLC,...
Massachusetts Appeals Court Issues Important Zoning Clarification
In Pelullo v. Croft, the Massachusetts Appeals Court issued an important decision regarding zoning by-laws. 86 Mass. App. Ct. 908 (2014). The Defendant applied to the Natick building inspector for a permit to construct a single family home on his lot at 15 Upland...
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