Housing Advisory: Massachusetts Appeals Court Holds that Town Cannot Appeal MassHousing's Chapter 40B Project Eligibility Determination in State Court

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In a victory for the Massachusetts Housing Finance Agency ("MassHousing") and the subsidized housing developers whose projects the agency deems preliminarily eligible under G.L. c. 40B, §§ 20-23 ("Chapter 40B"), the Massachusetts Appeals Court has held that a municipal body could not go to state court to appeal the project eligibility determination MassHousing issued at the outset of a Chapter 40B comprehensive permit process. Paul D. Wilson, Co-Chair of Mintz Levins Housing Practice Group, represented MassHousing in the Appeals Court oral argument.

Please see this Mintz Levin Advisory for details of the Massachusetts Appeals Court decision in Town of Marion v. Massachusetts Housing Finance Agency, 68 Mass. App. Ct. 208 (2007).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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