Nothing spooky this October. We are pleased to once again celebrate the selection of several of our attorneys as Super Lawyers® or Rising Stars® in their fields. Donna Brewer, Ivria Fried, and Christopher Brown are Super Lawyers in the State, Local, & Municipal practice area, while Ethan Dively and Anthony Riley are Rising Stars in the Land Use/Zoning practice area. We are justly proud that our lawyers’ expertise is recognized by our peers.

More than six years after the start of the COVID-19 pandemic, litigation arising from pandemic-related employment decisions continues to work its way through the judicial system. While vaccination mandates and other COVID-related workplace restrictions are largely behind us, case law continues to provide guidance to municipal employers on broader issues that remain relevant today. In Jangl v. Secretary of the Executive Office of Health and Human Services, decided October 15,

An Act Promoting Rule of Law, Oversight, Trust and Equal Constitutional Treatment (the PROTECT Act), Ch. 163 of the Acts of 2026, signed by the Governor on August 5, 2026, establishes a framework governing interactions between state and local officials and federal civil immigration enforcement authorities. While not exclusively directed at municipalities, numerous provisions of the PROTECT Act affect municipal governments, police departments, schools, and childcare providers,

In a case of considerable interest to municipalities, the Supreme Judicial Court in Town of Nahant v. Northeastern University, decided September 3, 2026, declined to find that the Town acted in bad faith when it took a conservation easement after learning of a property owner’s plan to undertake a large building construction project. Northeastern University, the property owner, contested the taking on the grounds that the Town had taken the interest in the land for the sole, b

State-Owned Land PILOT Commission Schedules Listening Sessions Municipalities are eligible for PILOT payments from the Commonwealth for state-owned land that is exempt from local taxation. The newly-formed State-Owned Land PILOT Commission is holding in-person and virtual sessions to hear feedback from municipalities on how municipalities are compensated. The sessions will be in September and early October. Comments may also be submitted in writing. Further details are found

On August 10, 2026, Governor Healey signed S.3241, “An Act Regarding Free Expression.” The Act adds three sections to G.L. c. 71, aimed at protecting the diversity of reading material in school libraries. Under the Act, the school library teacher is charged with selecting reading material that is age appropriate, serves an educational purpose, and is not chosen based on the teacher’s personal, political, or doctrinal view. Included content cannot be removed except by vote of

Data centers are a source of countervailing political concerns these days. Municipalities are attracted to the potential jobs and new tax revenue, while concerned about the environmental impacts and the center’s need for significant amounts of electricity and water. One town (an HH client) recently passed a zoning by-law to regulate data centers and the by-law has been approved by the AG’s Municipal Law Unit. Believed to be the first such by-law in the Commonwealth, the town

Back in 2024, the Legislature passed and the Governor signed An Act Promoting a Clean Energy Grid Advancing Equity and Protecting Ratepayer, Ch. 239 of the Acts of 2024. Thereafter, the Department of Energy Resources (DOER) adopted 225 CMR 29.00, regulations to implement the Act. October 1 is fast approaching, the date by which every municipality must allow applicants for Small Clean Energy Infrastructure Facilities, defined in the regulations, to apply for a consolidated loc

Once again, the dog days of August are upon us. But that doesn’t mean that the law firm of Harrington Heep LLP is lazing about in sun puddles. We are pleased to announce that as of September 1, Heather C. White has joined the firm as a partner. Heather has approximately 20 years in municipal law, concentrating on procurement and land use, as well as a year as Legal Counsel for the Massachusetts Port Authority. Her expertise will serve all of our clients well, and we are confi

In 2023 the Supreme Court of the United States decided in Tyler v. Hennepin County, 598 U.S. 631 (2023), that where the government—whether federal, state, or municipal—takes land for the nonpayment of taxes, the taxpayer is entitled to compensation for any surplus equity in such property that exceeds the debt owed. This principle made it clear that a foreclosing government is not entitled to a windfall from land taken for nonpayment of taxes. Recently in Pung v. Isabella Coun

In Sunpin Energy Services, LLC v.  Zoning Board of Appeals of Petersham, No. SJC-13860 (July 14, 2026), the Massachusetts Supreme Judicial Court (“SJC”) once again opined on the extent of the G.L. c. 40A, §3, “Dover Amendment” protections for solar energy systems. In Sunpin, the SJC has both affirmed the right generally of a municipality to deny a permit for a solar energy system but remanded the denial in this instance, while laying out a standard for determining the narrow

On July 9, 2026, Governor Healy signed House Bill No. 5555, which is the Commonwealth’s Fiscal Year 2027 budget legislation. Included in the legislation are a number of amendments to the state Zoning Act, G.L. c. 40A, which, due to a retroactive effective date, became effective as of July 1, 2026. These amendments make changes to Sections 5, 6, 10, and 11 of Chapter 40A, and will result in significant changes to the day-to-day administration of municipal zoning. This short ar

Section 19 of the Conflicts of Interest Law, G.L. c. 268A, generally prohibits a public official from participating in a matter in which they have a financial interest. It is not a violation, however, if among other exceptions, “if the particular matter involves a determination of general policy and the interest of the municipal employee or members of his immediate family is shared with a substantial segment of the population of the municipality.” G.L. c. 268A, § 19(b)(3). A

Congratulations to Christopher Brown for his election as President of the Massachusetts Municipal Lawyers Association for FY 2027.

G.L. c. 61A encourages the preservation of agricultural land by providing a tax incentive for owners to keep the land in agricultural and horticultural use. In return, if the use is converted to other than agriculture or horticulture, the municipality must be notified of the intent to convert and given the right to purchase the land. In Watermark LLC v. R H Benea Cranberry Co., Inc., SJC-13843 (June 12, 2026), the purchaser of a cranberry bog informed the seller that it did n

The seller in this case entered into an agreement to sell a 21 acre cranberry bog to a buyer who intended to discontinue the agricultural use. As was the case in the Watermark case, the seller provided the Town Manager with the notice of intent to sell for nonagricultural use. However, the statute, G.L. c. 61A, § 14, requires that notice also be sent to the board of assessors, the planning board, the conservation commission, the state forester, and the select board. There was

Not too many cases arise involving claims against surety bonds in public construction contracts, so a recent Appeals Court case may be of interest. G.L. c. 149, § 29 requires that a surety bond be secured for most public building and public works projects for payment by the contractor and subcontractor for labor and materials used on the projects. In New England Carpenters Central Collection Agency v. Arch Insurance Company, No. 25-P-74 (Appeals Court June 10, 2026), the plai

Guidance on the Energy Revolving Loan Fund The Division of Local Services has issued a new Informational Guidelines Release (IGR) 2026-10 regarding G.L. c. 44, § 53E3/4, which allows municipalities to borrow funds to provide loans to private landowners for energy conservation and renewable energy projects on their property. This may be a helpful tool to municipalities whose citizens are interested in lowering the carbon footprint but who may need financial assistance.

Happy spring! On May 13th, MCLE will be hosting the Annual Municipal Law Conference 2026. Chris Brown will be a panelist on Employment and Labor Law. The event will be both in person and simulcast on that date and recorded for repeat showing on May 28 and June 5. We invite you to register for this informative conference.

Six distributer/dispenser opioid companies have settled their litigation for their role in the opioid crisis for a total payment of $97 million. The settlement administrator has determined the percentage that eligible municipalities can receive and not all Massachusetts municipalities are eligible. You will want to check to determine if your municipality is eligible. Eligible towns must sign and return the Docusign form to participate in the settlement. The deadline for r