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

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.

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

The Legislature enacted in 2022 G.L. c. 40Y, which invites municipalities to adopt a starter home zoning district. The Executive Office of Housing and Livable Communities (EOHLC) was charged with issuing regulations to implement the new law. It did so, by issuing 760 CMR 69.00 after public comment. The regulations are now in effect. The zoning district must receive a letter of eligibility from EOHLC before it is adopted by the municipality. The letter confirms that the pr

Cannabis Reform Bill Enacted Comprehensive cannabis reform was signed into law April 19th. Among the changes, municipalities must allow cannabis delivery unless they prohibit licensed operations and actively opt out of delivery. Review the bulletin from the Cannabis Control Commission for more details.

G.L. c. 59, § 59 states that applicants for an abatement must apply to the assessors in writing on or before the last day for payment of the actual tax bill without incurring interest. If the application is received after this date, the application will still be deemed timely if the U.S. Postal Service postmark, or mark affixed by a private delivery service recognized by the IRS, is dated on or before the last day for payment. The USPS has changed its operations to decrea

In Grafton & Upton Railroad Co. v. Burt , the Appeals Court upheld dismissal of claims against Hopedale officials, ruling that their good faith efforts to raise water supply concerns were protected by common-law immunity and did not constitute civil rights violations. The case arose after the Chair of the Hopedale Water & Sewer Commission, raised concerns with the U.S. Environmental Protection Agency about potential impacts on the town’s water supply from a Superfund rela

Got a Penny? The federal government’s decision to stop minting pennies may raise questions on providing change for payments made in cash, particularly tax payments. The Division of Local Services has released BUL 2026-01 , Potential Penny Shortage, which addresses those questions.

Did your municipality execute a contract for the purchase of a fire truck and then find that contract price not honored? Many municipalities did, so many that several lawsuits have been filed to seek damages for the unanticipated price increases and unexplainable delays in delivery, claimed to be caused by collusive antitrust practices. Municipalities across the country have joined in an antitrust class action lawsuit alleging a coordinated effort to inflate the price of fire

Fairhaven officials are facing a difficult issue regarding their withdrawal from civil service. The Town became subject to civil service following a ballot vote in 1953. In 2023, the Fairhaven Town Meeting voted to remove its fire and police departments from civil service. It then appointed a Police Sergeant, bypassing two officers in 2024. Both of the bypassed officers appealed to the Civil Service Commission over the bypass. While employees with civil service status usually

Many municipalities have been hit with cryptocurrency scams or heard from citizens who have suffered from such scams. The Attorney General will be hosting a Webinar on Zoom on December 3, 2025, from 2:00 to 3:00 pm with members of the AG’s Financial Services and Civil Investigations Divisions. The office would like to get questions beforehand, which you can submit when you register . The AG’s Webinars are always educational and well-run, so I encourage you to sign up.

Many towns have just completed special Town Meetings and before we know it, annual Town Meeting season will be here. We notice that some of the same confusion or misunderstanding on certain rules of procedure recur, so we address them here. If you have one you would like us to address, please send it along and we will provide an update. Moderator calls passage of vote by 2/3rds. G.L. c. 39, § 15 provides that if a supermajority vote is required for a motion to pass, the v

We don’t often get appellate court analysis of the calculation of paid military leave, so the Appeals Court decision in Driscoll v. City of Melrose , No. 24-P-1114 (Nov. 21, 2025) is instructive. The facts were undisputed. For municipalities that have accepted the statute, G.L. c. 33, § 59(a) requires municipal employers to pay the full salary to an employee on military service for up to “40 days in any federal fiscal year,” with a day meaning “any 24-hour period regardless

A recent criminal case raised a facial challenge to G.L. c. 140, § 131, arguing that the firearms licensing statute violates the Second Amendment’s right to keep and bear arms, particularly in light of the Supreme Court’s ruling in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022). The defendant had not applied for a firearms license and had conditionally pled guilty to carrying a loaded firearm without a license. He reserved his right to pursue motions to sup