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The Pesticide Control Act Does Not Preempt a Municipality’s Authority to Enforce Its Wetlands Bylaw
A recent Berkshire County Superior Court decision, Stockbridge Bowl Association, Inc. v. Town of Stockbridge Conservation Commission,...
Miyares and Harrington, LLP
Feb 21, 20202 min read


Rapid Fire Update - January 2020
New IGR Regarding Community Preservation Fund The Community Preservation Act has been the subject of considerable interpretation and...
Miyares and Harrington, LLP
Jan 21, 20201 min read


January 2020 News & Events
Happy 2020! Whether you agree that the new decade started this month or doesn’t start until January 2021, we hope that you will agree...
Miyares and Harrington, LLP
Jan 21, 20201 min read


Clamping Down on PFAS: MassDEP Finalizes Waste Site Cleanup Standards
Clamping Down on PFAS: MassDEP Finalizes Waste Site Cleanup Standards and Proposes Drinking Water Standards MassDEP’s march forward on...
Miyares and Harrington, LLP
Jan 21, 20202 min read


New Ethics Commission Advisory on Gifts and Gratuities
The State Ethics Commission recently issued a new advisory on the kinds of gifts and gratuities a public employee may receive under...
Miyares and Harrington, LLP
Jan 21, 20202 min read


Municipalities Maintain Substantial Degree of Control over Cannabis Establishment Licensing
Municipalities Maintain a Substantial Degree of Control over Adult Use Cannabis Establishment Licensing Through the Host Community...
Miyares and Harrington, LLP
Jan 21, 20202 min read


When Density Can Support Standing for Appeals of Land Use Decisions
The Appeals court, in Murchison v. Zoning Bd. of Appeals of Sherborn, recently clarified the circumstances under which a plaintiff will...
Miyares and Harrington, LLP
Oct 25, 20192 min read


This is the Story of Emily and Ruth, A Cautionary Tale for Municipal Zoos
Emily and Ruth are denizens of the City of New Bedford’s Buttonwood Park Zoo; they are Asian elephants. A citizen sympathetic to their...
Miyares and Harrington, LLP
Oct 25, 20192 min read


Rapid Fire Updates - October 2019
Information on Sale of Hemp-Derived Products Hemp is a variety of cannabis but without the levels of THC found in marijuana. Hemp is...
Miyares and Harrington, LLP
Oct 25, 20191 min read


The Red Sox and Eminent Domain: A Winning Combination
Die-hard Red Sox fans recall when the Red Sox were not terribly successful in reaching the pinnacle of Major League Baseball competition...
Miyares and Harrington, LLP
Oct 25, 20192 min read


October 2019 News & Events
Nothing too scary in this October edition of the Miyares and Harrington LLP newsletter. We are thrilled to read of the adventures of...
Miyares and Harrington, LLP
Oct 25, 20191 min read


Minority Members of a Board Cannot Control Litigation
A recent Federal District Court decision highlights the distinction between the supermajority vote of a Special Permit Granting Authority...
Miyares and Harrington, LLP
Apr 30, 20192 min read


Town Meeting Moderators –You Set the Tone!
Town Meeting Time– the go-to guide for Town Meeting – states that, “[i]n King James’s day debate may have been properly classified in the...
Miyares and Harrington, LLP
Apr 30, 20192 min read


April 2019 News & Events
April is national poetry month! Alas, your poetically-challenged editor is unable to provide this month’s Miyares and Harrington LLP...
Miyares and Harrington, LLP
Apr 30, 20191 min read


Supervisor of Public Records Authorizes Town to Charge Fees for Segregation and Redaction
In our March newsletter, we reported on a statement by the Supervisor of Public Records that municipalities require her authorization to...
Miyares and Harrington, LLP
Apr 30, 20191 min read


Rapid Fire Updates - April 2019
EPA: The Clean Water Act Does Not Apply to Groundwater On April 15, 2019, the U.S. Environmental Protection Agency (EPA) issued an...
Miyares and Harrington, LLP
Apr 30, 20191 min read


March 2019 News & Events
Welcome to our very own version of March Madness, the Miyares and Harrington LLP newsletter! Let’s hope that your bracket is still...
Miyares and Harrington, LLP
Mar 29, 20191 min read


General vs. Zoning Ordinance or Bylaw – How to Choose?
Every municipality has, at one time or another, faced the problem of deciding whether to adopt a particular requirement as a general...
Miyares and Harrington, LLP
Mar 29, 20192 min read


Charging Fees for Discretionary Segregation and Redaction of Documents
The Public Records Law permits a Record Access Officer to assess reasonable fees for the production of a record. However, the requestor...
Miyares and Harrington, LLP
Mar 29, 20191 min read


Improper Filing with Supervisor of Public Records Is No Defense to an Untimely OML Complaint
As municipal boards and committees are increasingly aware, Open Meeting Law complaints must be filed with the public body within 30 days...
Miyares and Harrington, LLP
Mar 29, 20192 min read