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Northborough Open Space Acquisition and the Community Preservation Act
As my inaugural blog post, I would like to write about a project of which I am particularly proud. On February 17, 2012, the Town of Northborough acquired a parcel of open space containing...
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Commonwealth Releases Blueprint for Development of 495 Region
The Commonwealth’s Executive Office of Housing & Economic Development (EOHED) has released its long-anticipated 495/MetroWest Development Compact Plan. More than a year in the making, the Plan...
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UPDATE: Vote on Southborough Zoning Overhaul Delayed to January Special Town...
As an update to our previous posts here and here, the MetroWest Daily News is reporting that the Town of Southborough has pushed out a vote on the pending zoning overhaul from October to a special Town...
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Southborough Grappling with Open Space Concerns in Proposed Zoning Bylaw
We have been tracking Southborough’s ongoing efforts to update and modernize its Zoning Bylaw for many months here at the Mirick Real Estate Law Blog. See previous posts here, here, here and here. As...
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BREAKING NEWS: Supreme Court Ruling a Victory for Developers’ Fifth Amendment...
The U.S. Supreme Court issued its ruling today in the closely-watched Koontz v. St. Johns River Water Management District case. The decision is a major victory for private property rights,...
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SJC to Rule on Tax Status of Forest Land
In a case that could have broad – and expensive – implications for conservation organizations statewide, the Supreme Judicial Court (SJC) must decide whether forest land owned by a nonprofit is...
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SJC: Private Forest Land Eligible for Tax Exemption
As an update to our previous post, the Supreme Judicial Court (SJC) today reversed the Appellate Tax Board (ATB) and held that forest land owned by a private conservation organization should be exempt...
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Courts Refine Immunity Under the Massachusetts Recreational Use Statute
Private landowners allowing public access to land should take note of recent court decisions which have refined the scope of the Recreational Use Statute, G.L. c. 21, § 17C (“Statute”). The...
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Appeals Court Revisits Adverse Possession of Undeveloped Land
The Massachusetts Appeals Court recently reviewed adverse possession of wild and wooded areas. In Paine v. Sexton, 88 Mass. App. Ct. 389 (2015), the Plaintiff campground operators asserted rights to...
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A Modern Take on the Antiquities Act of 1906
During the waning days of his administration, President Obama used the Antiquities Act of 1906 (16 USC 431-433) (“Act”) to create expansive national monuments on land and at sea. According to the...
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