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Articles by Joel Quick
Massachusetts Governor Signs Law Encouraging Energy Storage and Offshore Wind | JD Supra
On August 11, 2022, Massachusetts Governor Charlie Baker signed into law An Act Driving Climate Policy Forward that was designed to, among other things, encourage the development of mid- to long-duration energy storage facilities, increase procurement of offshore wind, and reduce barriers to solar power on agriculture land.
Breaking: Mass. High Court Expansively Interprets Zoning Exemption for Solar Energy | JD Supra
Massachusetts has committed to increasing the generation of electricity from renewable energy sources, such as solar power, through a series of laws and policies. As solar energy systems have proliferated, trial courts have been asked to determine the limits of local government power over where large ground-mounted solar energy facilities can be sited.
Breaking: Mass. High Court Expansively Interprets Zoning Exemption for Solar Energy
Massachusetts has committed to increasing the generation of electricity from renewable energy sources, such as solar power, through a series of laws and policies. As solar energy systems have proliferated, trial courts have been asked to determine the limits of local government power over where large ground-mounted solar energy facilities can be sited.
ESG Climate Lawsuit To Proceed Against ExxonMobile
On May 20, 2022, the Massachusetts Supreme Court upheld a Massachusetts state court decision to allow an ESG climate lawsuit to proceed against ExxonMobile (Exxon) by the Commonwealth’s Attorney General. While the issue addressed by the state’s Supreme Court was narrowly focused, the lawsuit is nevertheless noteworthy due to the fact that, at its heart, it alleges that Exxon mislead consumers and investors with respect to climate-related risks faced by the company.
Mass. Appeals Court Imports Chapter 40A Presumption of Standing into Boston Zoning Enabling Act | JD Supra
A recent decision of the Massachusetts Appeals Court, Porter v. Board of Appeal of Boston (pdf), addressed the question of standing to appeal a variance granted by the Board of Appeal of Boston (“BOA”). Zoning in Boston is governed by c. 665 of the Acts of 1956, as amended (the “Enabling Act”), not by M.G.L. c. 40A (the “Zoning Act”), which applies to all other cities and towns in Massachusetts. See Emerson College v. City of Boston, 393 Mass. 303 (1984).
Mass. Appeals Court Imports Chapter 40A Presumption of Standing into Boston Zoning Enabling Act
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Why aren’t fair housing laws used to build housing here? Part 2
Home / Viewpoint / Why aren’t fair housing laws used to build housing here? Part 2 By: Joel Quick September 24, 2020 The second of two parts; Part 1 appeared in the Sept. 21 issue. Preventing racial segregation is the original purpose of both state and federal fair housing laws. In Texas Dep’t of Hous. & Cmty. Affairs v. Inclusive Communities Project, Inc., the U.S. Supreme Court described the genesis of the federal fair housing act as follows: “By ...
Why aren’t fair housing laws used to build housing here?
By: Joel Quick September 17, 2020 The first of two parts Fair housing laws have been in the news as a potential means of building more housing. They are not used for that purpose in Massachusetts. For example, a review of thousands of published zoning appeal cases revealed almost no claims under the federal or state fair housing acts. If people were asking ...
Commercial Appraiser-Appraisal 310.337.1973
Real Estate - Residential Tax Sales Proceeds In Excess Of The Tax Owed Must Be Returned To The Taxpayer by Norbert Madison, Jr., Paul McCord | Fraser Trebilcock Foreclosure, MI Supreme Court, Property Owners, Property Tax, Takings Clause, Tax Sales Real Estate Industry Alerts Tracker - July 2020 Issue #4 by Kelley Drye & Warren LLP CREFC, Fannie Mae, Freddie Mac, Like Kind Exchanges, Mortgage Bankers Association, Paycheck Protection Program (PPP), Real Estate Market, SBA Philadelphia Zoning,...
Breaking: Massachusetts Attorney General Strikes Down Municipality’s Attempt to Ban Gas Installations in Buildings | JD Supra
On July 21, 2020, Massachusetts Attorney General Maura Healey struck down a by‑law passed by the Town of Brookline that would have disallowed most construction that included “fossil fuel infrastructure.” The Attorney General’s decision can be found here. This by-law would have prevented gas installations in new or substantially renovated buildings and would have required heat, hot water, and appliances to be all electric starting in 2021, with certain exemptions.
Mass. Appeals Court Clarifies How Zoning Cases Can – and Can’t – Be Settled | JD Supra
The Massachusetts Appeals Court recently decided that a settlement agreement resolving a zoning case brought by the Town of Bourne did not prevent neighbors from obtaining zoning enforcement inconsistent with that settlement. The case, Stevens v. Zoning Board of Appeals of Bourne, involved the use of a property in a residential zoning district as a wedding venue (commercial uses were not allowed). There were two sequential cases involving challenges to the use.
Mass. Appeals Court Clarifies How Zoning Cases Can – and Can’t – Be Settled
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Under Massachusetts Obsolete Mortgage Statute, Mortgage Payable “On Demand” is Enforceable for 35 Years | JD Supra
The Massachusetts Appeals Court decided last week that a mortgage stating it is payable “on demand,” with no maturity date or term, is governed by the so-called obsolete mortgage statute, M.G.L. c. 260, § 33. The case is Thornton v. Thornton and a link to the decision is here. The obsolete mortgage statute is designed to help remove old mortgages from land titles.
Under Massachusetts Obsolete Mortgage Statute, Mortgage Payable “On Demand” is Enforceable for 35 Years
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
This Land (Was) Your Land: Mass. Appeals Court Updates Law on Adverse Possession and Prescriptive Easements | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
This Land (Was) Your Land: Mass. Appeals Court Updates Law on Adverse Possession and Prescriptive Easements
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Mass. Appeals Court Highlights Workaround for Identifying a Public Way | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Mass. Appeals Court Highlights Workaround for Identifying a Public Way
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Mass. Legislature Weighs Changes to Zoning Act; Quick Decision on Plaintiff’s Standing is Proposed | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Mass. Legislature Weighs Changes to Zoning Act; Quick Decision on Plaintiff’s Standing is Proposed
Monday, August 26, 2019 Two bills pending at the Massachusetts State House would amend the state Zoning Act, known as Chapter 40A, which governs zoning in every Massachusetts city and town except Boston. The Zoning Act is seldom amended, even though courts and land use lawyers are well aware of its shortcomings. This is no doubt because zoning is often a hotly-contested political issue.
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