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The Supreme Court Answers Some Questions Left Open by Tyler v. Hennepin County
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
Harrington Heep, LLP
3 days ago2 min read


Permits for Solar Energy Facilities are to be Judged on Site-Specific Factors
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
Harrington Heep, LLP
3 days ago2 min read


Important Amendments to the Zoning Act, G.L. c. 40A, are Enacted as Emergency Legislation
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
Harrington Heep, LLP
3 days ago3 min read


How to Determine if a Substantial Segment of the Population Shares a Financial Interest with a Public Official Under G.L. c. 268, § 19
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
Harrington Heep, LLP
3 days ago2 min read