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In Rare Move, SJC Enters Immediate Order Reversing Decision That Broadened Density-Based Standing in Zoning Appeals

In what passes for high drama in the world of Massachusetts land use law, the Supreme Judicial Court (SJC), after hearing oral argument last Thursday in an important case involving standing in zoning appeals, entered an order...more

Mass. Legislature Weighs Changes to Zoning Act; Quick Decision on Plaintiff’s Standing is Proposed

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...more

Under Massachusetts Zoning Law, Abutter’s Presumptive Standing to Appeal Can Be Rebutted Even if Unchallenged by Defendant

There’s no shortage of case law on the issue of standing to maintain a zoning appeal. A case decided by the Appeals Court reminds us why the issue is still being discussed after all these years....more

Mass. Appeals Court Ventures Onto High Wire Of Zoning Standing Doctrine, Answers Vexing Question

It’s about time! Not since the notable 1961 adverse possession case Kershaw v. Zecchini have real estate litigators had an important decision inspired by circus performers....more

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