In St. Paul’s Foundation v. Ives, the First Circuit Court of Appeals held that the Town of Marblehead did not violate the Religious Land Use and Institutionalized Persons Act (RLUIPA) when it declined to reinstate a suspended building permit to St. Paul’s Foundation and the Shrine of St. Nicholas… READ MORE
Over the weekend, Governor Baker signed a supplemental budget bill funding COVID-19-related items. The bill also addresses several other pandemic-related issues. Of greatest importance to towns are Sections 15 and 26, which give towns continued flexibility to modify their town meetings in light of the pandemic. Section 15 permits towns, upon a… READ MORE
Long-awaited guidance for municipalities concerning how to comply with new requirements under the Governor’s Housing Choice legislation have finally been issued by the Department of Health and Community Development (“DHCD”). General Laws Chapter 40A, Section 3A(a) (“Section 3A”) requires that all “MBTA Communities” have at least one zoning district of… READ MORE
On December 7, 2021, United States District Court Judge R. Stan Baker at the Southern District of Georgia granted Plaintiffs’ motion to enjoin the Biden administration “from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts in any state or territory.” Specifically, the Court determined… READ MORE
The First Circuit recently delved into a mustier corner of the Public Records Law in United States v. Letter from Alexander Hamilton to the Marquis De Lafayette Dated July 21, 1780, shedding some light on how the Public Records Law affects historic documents. The case concerned a 1780 letter from… READ MORE
On July 20, 2021, the Supreme Judicial Court confirmed that municipalities enjoy substantial deference in dealing with marijuana retailers applying for Host Community Agreements (“HCA”). In Mederi, Inc. v. City of Salem, the SJC affirmed the dismissal of a suit brought by Mederi, whose HCA application was denied after Salem… READ MORE
On June 22, 2021, the Federal Aviation Administration (“FAA”) announced its process for distributing Airport Rescue Grants pursuant to the American Rescue Plan Act of 2021 (H.R. 1319, Pub. L. 117-2) (“ARPA”). The FAA is issuing nearly $8 billion in total grants to airports all over the country based on airport… READ MORE
The Act Enabling Partnerships for Growth that Governor Baker signed (with some specific vetoes) on January 14 has several provisions affecting municipal zoning. Foremost among these are provisions mandating density and the Housing Choice provisions. All of the provisions discussed here are effective immediately. Zoning Near Transit… READ MORE
Image by Alexey Hulsov from Pixabay On December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021, H.R. 133 (the “2021 Appropriations Act”). The President signed the legislation on December 27. The 2021 Appropriations Act authorizes $2.3 trillion in federal spending, including a… READ MORE
On May 1, Governor Baker issued an order mandating that people wear face coverings in public. The order, available here, is the governor’s latest measure responding to the COVID-19 Pandemic. The governor is acting pursuant to his authority under the public health statute (G.L. c. 17) and the Massachusetts… READ MORE