Public Law


 

Important Changes to Zoning Rules for Cities and Towns Effective July 1

by Kristen R. Gagalogan, Mina S. Makarious, Nina L. Pickering-Cook

On July 9, 2026, Governor Maura Healy signed Budget Bill 5555. The Budget Bill, now known as Chapter 137 of the Acts of 2026, largely addressed the state budget, but also quietly introduced several important and substantive changes to local zoning through amendments to G.L. c. 40A, the… READ MORE

The Common Carrier Exception and Strict Liability: Lessons from Wells v. BNSF Railway Company

by Sean M. Grammel

The Ninth Circuit’s recent decision in Wells v. BNSF Railway Company highlights the continuing importance of the common carrier exception to strict liability for transportation companies. The case arose from tragic circumstances involving asbestos exposure in Libby, Montana, yet the court’s reasoning underscores a key doctrinal point. When… READ MORE

Anti-SLAPP in the Appeals Court: 2025 in Review

by Sean M. Grammel

In 2025, the Appeals Court continued to grapple with the simplified anti-SLAPP framework outlined in Bristol Asphalt Co. v. Rochester Bituminous Products, Inc., 493 Mass. 539 (2024).  Under this framework, trial courts use two questions to decide whether to dismiss a case under G.L. c. 231, § 59H (more commonly… READ MORE

Court Rejects ICCTA Preemption of Municipality’s Eminent Domain Action

by Sean M. Grammel

A federal court in the Eastern District of Wisconsin recently faced an issue that consistently arises across the country: does the Interstate Commerce Commission Termination Act (“ICCTA”) preempt a municipality’s efforts to take rail property by eminent domain?  See Soo Line Railroad Co. v. Village of Elm Grove, Case No. READ MORE

Appeals Court Interprets 40B “Safe Harbor” Requirements

by Kristen R. Gagalogan, Mina S. Makarious

The Massachusetts Appeals Court ruled on a key interpretation of the “safe harbor” provisions of G.L. c. 40B last week in Zoning Board of Appeals of Braintree v. 383 Washington Street, LLC, 2025 WL 1699014 (June 18, 2025), specifically addressing the question: what land is included in calculating the “general… READ MORE

Court Dismisses Unfunded Mandate Challenge to MBTA Zoning Act

by Nina L. Pickering-Cook

Last week, the Superior Court dismissed a case brought by nine towns challenging the MBTA Communities Act, G.L. c. 40A, § 3A as an unfunded mandate. This is the latest defeat for municipalities seeking to avoid compliance with the Act, following the January 2025 decision in Attorney General v. Milton,… READ MORE

Land Court Issues Guidance for Towns on How to Calculate Interest in Tax Lien Cases

by Kuong C. Ly, Mina S. Makarious, Nina L. Pickering-Cook

To clarify the recent confusion caused by changes to G.L. c. 60, § 62 and the court’s decision in City of Leominster v. Corbett, No. 22 TL 000447 (Land Ct. Apr. 3, 2025) (“Corbett”), the Land Court issued instructions to municipalities on how to calculate the taxes owed and the… READ MORE

Frequently Asked Questions: Condominium Association Obligations Concerning EV Charging Equipment

by Marissa Grenon Gutierrez, Nina L. Pickering-Cook

On November 21, 2024, Massachusetts Governor Maura Healey signed Senate Bill 2967, An Act Promoting a Clean Energy Grid, Advancing Equity, and Protecting Ratepayers (the “Act”) into law.  The following questions are representative of those the Town has received about obligations on condominium associations to provided Electronic Vehicle (“EV”)… READ MORE

Anti-SLAPP in the Appeals Court After Bristol

by Sean M. Grammel

About a year ago, the Supreme Judicial Court simplified how trial courts should analyze motions brought under G.L. c. 231, § 59H (more commonly known as the anti-SLAPP statute).  See Bristol Asphalt Co. v. Rochester Bituminous Products, Inc., 493 Mass. 539 (2024).  Under this simplified framework, trial courts use two… READ MORE

The Affordable Homes Act: 4 Policy Changes Municipalities Can’t Afford to Miss

by Kristen R. Gagalogan

On August 6, 2024, Governor Maura Healy signed the Affordable Homes Act (“AHA”), which includes $5.1B in authorizations and 9 new policy initiatives to address the affordability of housing in the Commonwealth. You can read the AHA here. Municipalities all need to be aware of 4 substantive changes to… READ MORE