Public Law


Court Confirms Governor’s Powers to Determine What Businesses Are Essential

by Anderson & Kreiger

On April 16, 2020, the Suffolk Superior Court denied a bid by the recreational cannabis industry to stay open as “essential services” during the Coronavirus State of Emergency. The decision underscores the Governor’s broad powers during the State of Emergency and rejects the industry’s constitutional challenges to the Governor’s emergency… READ MORE

CARES Act Minimum Service Requirements: A Brief Guide for Airports

by Mina S. Makarious

Image by wal_172619 from Pixabay April 12, 2020- Sections 4005 and 4114(b) of the Coronavirus Aid, Relief, and Economic Security Act, H.R. 748 (the “CARES Act”) authorize the Department of Transportation to require an air carrier receiving CARES Act funding to maintain scheduled air… READ MORE

7 Things You Need to Know About Massachusetts Municipality Act Gov. Baker Signed Today

by Austin P. Anderson, Nina L. Pickering-Cook

The Governor signed into law today Chapter 53 of the Acts of 2020, which includes multiple provisions aimed at reducing burdens on municipalities and state agencies caused by the ongoing response to the COVID-19 outbreak.  In addition to extending the state tax return deadline to July 15, the bill has… READ MORE

What The CARES Act Means for Airports, Airlines, and Other Airport Tenants

by Mina S. Makarious

Image by wal_172619 from Pixabay On March 29, 2019, Congress passed the Coronavirus Aid, Relief, and Economic Security Act, H.R. 748 (the “CARES Act”) providing an unprecedented $2 trillion in aid to individuals, businesses and state and local government entities affected by the COVID-19 pandemic. … READ MORE

What Municipal Employers Need to Know About the Families First Coronavirus Response Act

by Annie E. Lee

Image by Alexey Hulsov from Pixabay Please click here to download a copy of the client alert. Update: U.S. Department of Labor Publishes Guidance Explaining Paid Sick Leave and Expanded Family and Medical Leave Under the Families First Coronavirus Response Act Update: Department… READ MORE

The Open Meeting Law, Untested Local Emergency Powers, and the Response to COVID-19

Anderson & Kreiger

Image by mohamed Hassan from Pixabay Responding to the COVID-19 outbreak demands navigating uncharted territory, not least of which for Massachusetts local governments.  Cities and towns are making crucial public health decisions with complex effects like closing schools and prohibiting large gatherings of people.  Meanwhile,… READ MORE

Municipalities Can Choose Cannabis Winners – Superior Court Confirms Local Authority over Cannabis Licensing

by Austin P. Anderson

Image by GAD-BM from Pixabay A Superior Court judge confirmed that municipalities are not obligated to enter into Host Community Agreements (“HCA”) with recreational cannabis retailers.  A prospective recreational cannabis retailer sued the City of Salem for refusing to enter an HCA with it.  The… READ MORE

Developers No Longer Need to Undertake Any Active Construction to Save a Variance from Lapsing.

by Nina L. Pickering-Cook, Dana E. Wooten

Image by Malachi Witt from Pixabay Beginning construction, or even simply breaking ground, is no longer necessary to exercise rights under a use variance.  Last week, the Appeals Court clarified what qualifies as an “exercise” of a use variance, finding that the developer had “exercised”… READ MORE

What Cities and Towns Need to Know About the New Cannabis Regulations

by Austin P. Anderson, Nina L. Pickering-Cook

Image by Peggy und Marco Lachmann-Anke from Pixabay The Cannabis Control Commission is coming out with new regulations and it appears that there are two significant potential changes of which municipalities should be aware. Home delivery will become available in some places. If municipality city… READ MORE

Massachusetts Supreme Judicial Court Held McLean Hospital Program Can Operate in Residential Zoning District because it is Primarily Educational

by Arthur P. Kreiger, Annie E. Lee

Image by PublicDomainPictures from Pixabay The Supreme Judicial Court has held that a McLean Hospital program focused on developing the emotional and social skills of adolescents who exhibit extreme emotional dysregulation may, under the Dover Amendment, be located in a residential zoning district.  The Court… READ MORE