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Use of Public School Buildings for Political Purposes
School buildings may be used for political purposes.
Miyares and Harrington, LLP
Jul 27, 20231 min read


The Office of the Inspector General Reminds Municipalities to Avoid Bid-Splitting
Intentionally splitting purchases so as to be below $10,000 is illegal under G.L. c. 30B.
Miyares and Harrington, LLP
Jul 27, 20231 min read


Sackett v. EPA: Massachusetts Wetlands Regulation is Unchanged
Our readers may be aware that a recent United States Supreme Court Decision, Sackett v. Environmental Protection Agency, No. 21-454 (May...
Miyares and Harrington, LLP
Jun 26, 20232 min read


Religious Uses Under the Dover Amendment, G. L. c. 40A, §3
Section 3 of The Zoning Act, G.L. c. 40A, also known as the Dover Amendment, provides that zoning may not “regulate or restrict the use...
Miyares and Harrington, LLP
Jun 26, 20232 min read


When Bids Must be Opened Publicly Under Ch. 30B
A recent Appeals Court judgment in favor of the Martha’s Vineyard Airport Commission in Airport Fuels, Inc. v. Martha’s Vineyard Airport...
Miyares and Harrington, LLP
Jun 26, 20232 min read


Proceeds from Tax Title Foreclosures – A Quick Take on the Supreme Court’s Decision
Tax title foreclosure pursuant to G.L. c. 60 has long been scrutinized due to the fact that Massachusetts taxpayers are not automatically...
Miyares and Harrington, LLP
May 30, 20233 min read


Rapid Fire Update - May 2023
Updates to the Municipal Records Retention Schedules The state imposes requirements on how long municipalities must retain municipal...
Miyares and Harrington, LLP
May 30, 20231 min read


Valuable Updates from DOR Division of Local Services
The Division of Local Services (DLR) publishes throughout the year helpful data and guidance of interest to all local officials. Its most...
Miyares and Harrington, LLP
May 30, 20231 min read


Tips for Successful Town Meetings
Now that most have completed their Annual Town Meetings, it may be helpful to share techniques and processes that have been helpful in...
Miyares and Harrington, LLP
May 30, 20231 min read


Changing the Scope of Easements Taken by Eminent Domain
The Supreme Judicial Court recently held that an easement taken for one purpose may require additional compensation to the subservient...
Miyares and Harrington, LLP
May 30, 20232 min read


Incivility in Public Discourse Cannot Be Banned
On March 7, 2023, the Supreme Judicial Court unanimously ruled that “civility restraints on the content of speech at a public comment...
Miyares and Harrington, LLP
Mar 20, 20233 min read


The "Strong" Fire Chief Statute Does Not Confer Lifetime Tenure
Many towns have accepted the provisions of G.L. c. 48, § 42, commonly referred to as the “strong” fire chief statute, in contrast to the...
Miyares and Harrington, LLP
Mar 20, 20233 min read


ChatGPT and AI; Is Municipal Government Ready?
The latest buzz has been about the growth of AI, of which the one most commonly referred to is ChatGPT. What are the drawbacks of using...
Miyares and Harrington, LLP
Mar 20, 20231 min read


Rapid Fire Updates - March 2023
Outdoor Dining and Alcohol Service Coming to an End Under Section 15 of Chapter 42 of the Acts of 2022, municipalities are allowed to...
Miyares and Harrington, LLP
Mar 20, 20231 min read


Town Election Season and Voting by Mail
Early voting can impose an administrative burden on city and town clerks, particularly for smaller municipalities. Remember that pursuant...
Miyares and Harrington, LLP
Jan 18, 20231 min read


Secretary of the Commonwealth Updates the Guide to the Massachusetts Public Records Law
In December, the Secretary of the Commonwealth updated the Guide to the Massachusetts Public Records Law, tightening the requirements for...
Miyares and Harrington, LLP
Jan 18, 20231 min read


Final Regulations for the Stretch Code and the Opt-In Specialized Code are Adopted
On December 9, 2022, the Department of Energy Resources (DOER) filed its final regulations for the Stretch Code, 225 CMR 22.00 and 225...
Miyares and Harrington, LLP
Jan 18, 20232 min read


DEP Set to Adopt New Regulations Impacting Septic Systems and Water Management Act Registrations
We are closely monitoring two sets of regulatory amendments proposed by the Department of Environmental Protection (the “Department”)....
Miyares and Harrington, LLP
Dec 22, 20223 min read


AG Treatment of Zoning Bylaws of Solar Energy and Battery Storage Systems Since Tracer Lane
We summarized in our June newsletter the SJC’s decision in Tracer Lane II Realty, LLC v. Waltham, 489 Mass. 775 (2022), which dealt with...
Miyares and Harrington, LLP
Dec 22, 20223 min read


SJC Guidance on the Requirement for a Surety Bond in Appeals of Land Use Decisions
In 2020, G.L. c. 40A, § 17 was amended to provide that a plaintiff appealing the grant of a special permit, variance, or site plan could...
Miyares and Harrington, LLP
Dec 22, 20221 min read