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Here Be Dragons?
The meaning of the word “agriculture” has long been fertile ground for litigation and, in the recent case of Fleming v. Town of Oxford...
Miyares and Harrington, LLP
Oct 27, 20221 min read


Communication Conundrum
In a recent Department of Labor Relations (DLR) decision, In re: Town of Chelmsford et al., MUP-7227 (consolidated with two other...
Miyares and Harrington, LLP
Oct 27, 20222 min read


Rapid Fire Updates - October 2022
ARPA Panel Seeks Public Comments for Fund Allocation The Federal Funds Equity & Accountability Review Panel (ARPA Equity Panel) has...
Miyares and Harrington, LLP
Oct 27, 20221 min read


Retirees May Lose Pension Benefits for Post-Retirement Criminal Activity
Earlier this month, the Supreme Judicial Court held that retirees who engage in certain criminal activity post-retirement may be subject...
Miyares and Harrington, LLP
Sep 30, 20222 min read


Independent Contractor vs. Employee – A Perennial Question
G.L. c. 149, § 148B states that a person who provides services is an employee unless three criteria are met – they are not under the...
Miyares and Harrington, LLP
Sep 30, 20222 min read


Flashback Friday: Lights, Action, Camera! In My Public Building?
Editor’s Note: Please enjoy our guidance from the September 2019 issue concerning First Amendment Audit best practices. There is a...
Miyares and Harrington, LLP
Sep 30, 20222 min read


Don't Overlook Defects in the Presentment Notice Required by the Massachusetts Tort Claims Act
The Massachusetts Appeals Court recently dismissed a portion of a lawsuit against the Cambridge Public Schools because it found that the...
Miyares and Harrington, LLP
Aug 31, 20222 min read


Unused Vacation Time Cannot Count Towards Public Employee Pension Benefit
Municipal collective bargaining agreements and employment contracts are replete with provisions authorizing or requiring certain...
Miyares and Harrington, LLP
Aug 31, 20223 min read


Highlights of the Significant Changes to Regulation of Marijuana Businesses
The end of the legislative session saw the passage of, S.3096, An Act relative to equity in the cannabis industry, enacted with vocal...
Miyares and Harrington, LLP
Aug 31, 20222 min read


Taxation and Regulation of Solar Energy Projects Under the DRIVE Act
Earlier this month Governor Baker signed “An Act Driving Clean Energy and Offshore Wind”, Chapter 179 of the Acts of 2022. The dual-use...
Miyares and Harrington, LLP
Aug 31, 20222 min read


A Reminder to Boards and Commissions to Write Your Decisions Carefully
In City of Boston v. Conservation Commission of Quincy, the Supreme Judicial Court held that a superseding order of conditions that DEP...
Miyares and Harrington, LLP
Jul 29, 20222 min read


Supreme Court Establishes a New Standard for Religious Expression in Schools
On June 27, 2022, the Supreme Court held that a school violated its football coach’s First Amendment rights when it suspended and then...
Miyares and Harrington, LLP
Jul 29, 20222 min read


Supreme Court's Impact on Firearms Licenses
In another case from this year’s term, the Supreme Court struck down New York’s law regulating when individuals may carry firearms in...
Miyares and Harrington, LLP
Jul 29, 20221 min read


Rapid Fire Updates - July 2022
Drought Status is Elevated The Secretary of Energy and Environmental Affairs has updated the statewide drought status designations,...
Miyares and Harrington, LLP
Jul 29, 20221 min read


The Appeals Court Takes a Holistic View of Residency Requirements for Elected Officials
Is the residence of a candidates for election different from their domicile for voting purposes? The Massachusetts Appeals Court says no...
Miyares and Harrington, LLP
Jun 27, 20222 min read


Supreme Judicial Court Provides Guidance to Communities Considering Solar Energy Ordinances/Bylaws
As many of our readers are aware, the Commonwealth is experiencing a rapid growth in the number of new utility-scale solar energy...
Miyares and Harrington, LLP
Jun 27, 20222 min read


A Precise Zoning Bylaw Is Imperative for Split-lot Zoning Situations
In Pinecroft Development, Inc. v. Zoning Board of Appeals of West Boylston, the Massachusetts Appeals Court reviewed a case of “split...
Miyares and Harrington, LLP
Jun 27, 20222 min read


POST Regulations Update: Are You Ready for Recertification of Your Police Officers?
At the end of 2020, the Governor signed a sweeping police reform bill, which, among other measures, created a new civilian oversight...
Miyares and Harrington, LLP
Jun 27, 20222 min read


Rapid Fire Update - June 2022
EPA has issued health advisories and grant announcement concerning PFAS in drinking water. The Environmental Protection Agency (EPA)...
Miyares and Harrington, LLP
Jun 27, 20221 min read


The Supreme Court “Clarifies” the Standard of Review for Some Sign Bylaws
Long-time readers of this newsletter may remember an article from July 2015 discussing the U.S. Supreme Court’s decision in Reed v. Town...
Miyares and Harrington, LLP
Apr 28, 20223 min read