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Contract Provision Indemnifying Municipality Applies Even Without an Explicit Demand to Contractor
Contractors who indemnify municipalities cannot wait for an express demand for indemnification
Miyares and Harrington LLP
Feb 24, 20212 min read


Rules for Smart Growth Have Changed
The Legislature encourages the adoption of smart growth and starter home zoning districts
Miyares and Harrington LLP
Feb 24, 20212 min read


Rapid Fire Update - February 2021
Don't Jump the Vaccination Line
Miyares and Harrington LLP
Feb 24, 20211 min read


January 2021 News & Events
Happy New Year! May 2021 bring you all tranquility, good health, and few surprises. Start the new year on an educational note by perusing...
Miyares and Harrington, LLP
Jan 21, 20211 min read


Rapid Fire Updates - January 2021
USEPA Finalizes Modifications to MS4 Permit; Running for Municipal Office? Remember This
Miyares and Harrington LLP
Jan 20, 20211 min read


The Zoning Act is Loosened for "Housing Choice"
The Zoning Act is amended to encourage community housing.
Miyares and Harrington LLP
Jan 20, 20213 min read


Cannabis Control Commission Approves Delivery Regulations
Delivery of recreational marijuana is here. What does that mean?
Miyares and Harrington LLP
Jan 20, 20212 min read


Brian Bertram is the New Chair of our Energy Practice Group
Bryan Bertram is the new chair of the firm’s Energy Practice Group
Miyares and Harrington LLP
Jan 20, 20212 min read


CLIENT ALERT January 8, 2021 COVID-19 and Municipal Operations
The Department of Elementary and Secondary Education - DESE - issued a memorandum to superintendents, charter school leaders, and leaders...
Miyares and Harrington LLP
Jan 8, 20212 min read


A note on language: Grandfathering
The Comstock opinion has garnered most attention, not for its holding, but for a footnote on the history of a common term used in zoning...
Miyares and Harrington, LLP
Sep 12, 20201 min read


Standing Issues in Zoning Cases Continue to Have Legs
Our readers may remember that, in our October 2019 newsletter, we discussed the Appeals Court’s opinion in Murchison v. Zoning Bd. of...
Miyares and Harrington, LLP
Sep 12, 20202 min read


When Does a New Non-Conformity Not Require a Variance?
The Zoning Act provides protection for existing structures and uses from changes in local zoning requirements. Central to M.G.L. c.40A,...
Miyares and Harrington, LLP
Sep 12, 20203 min read


August-September 2020 News & Events
The end of summer is usually a slower, quieter month for municipalities. Not so this year, with school opening uncertainties, early...
Miyares and Harrington, LLP
Sep 12, 20201 min read


FID and the Unsuitable Person Process
M.G.L. c. 140, § 129B formerly permitted a licensing authority to deny a firearm identification card (FID) only if the applicant was a...
Miyares and Harrington, LLP
Jul 31, 20202 min read


Rapid Fire Update - July 2020
MassDOT Shared Streets and Spaces Funding Program MassDOT has announced a $5 million grant program to municipalities to launch or expand,...
Miyares and Harrington, LLP
Jul 31, 20201 min read


DEP Must Perform an Independent Analysis of BACT, Says the First Circuit
Earlier this month, the Town of Weymouth, represented by our own Ray Miyares, Bryan Bertram, and Katherine Stock, won its challenge in...
Miyares and Harrington, LLP
Jul 31, 20202 min read


Collecting Civil Penalties: Follow Requisite Procedures or Collect Nothing
The recent Appeals Court case of Maroney v. Planning Board of Haverhill, 19-P-566 (Appeals Court June 15, 2020) highlights the pitfalls...
Miyares and Harrington, LLP
Jul 31, 20203 min read


The Supreme Court Rules that Some Discharges to Groundwater Require a NPDES Permit
The federal Clean Water Act, 33 U.S.C. §§1251 et seq., requires a permit for discharges from a point source to “navigable waters,” which...
Miyares and Harrington, LLP
May 29, 20202 min read


Resolving Tension Between a Strong Fire Chief’s Managerial Rights & Collective Bargaining Agreements
The Massachusetts Appeals Court recently issued a decision affirming that Massachusetts Fire Chiefs possess non-delegable management...
Miyares and Harrington, LLP
May 29, 20202 min read


Rapid Fire Update - May 2020
EPA Issues Final Rule Redefining "Waters of the United States" On April 21, the U.S. Environmental Protection Agency issued a final rule...
Miyares and Harrington, LLP
May 29, 20201 min read