Argument: October 2010

Keywords: Environmental Law - Local Government - Mandamus - Sovereign Immunity

Question Presented: Whether the Town of Boxford may sue to enjoin the Mass. Department of Transportation from operating a road salt storage facility.

Facts: The Mass. Department of Transportation (“DOT”) maintains a road salt storage facility in the Town of Boxford, which it uses to de-ice major highways. Salt has contaminated the groundwater near …

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Amicus due March 15, 2010 - Argument: May 6, 2010

Keywords: Affordable Housing - Local Government - Real Property

Question Presented: Whether a mortgage of real property is a “conveyance” triggering a reverter clause in the deed; whether the Board of Selectmen’s authorization to enter a deed requiring reverter on misuse of the property also authorized it to require reverter on conveyance.

Facts: The Board of Selectmen of the town of Dennis deeded a property to the Dennis Housing Authority (DHA) for the sum of $1, to be used for affordable housing. The …

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Amicus due February 16, 2010 - Argument: May 4, 2010

Keywords: Administrative Law - Environmental Law - Local Government - Zoning

Question Presented: Whether a Town of Kingston zoning amendment should be invalidated if the town failed to comply with the procedure for creating a “smart growth” zoning overlay district pursuant to G.L. c. 40R.

Facts: At the request of a developer, the Town of Kingston submitted an application to the Department of Housing and Community Development (“DHCD”) for approval of a smart growth overlay district …

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Amicus due March 15, 2010 - Argument: May 3, 2010

Keywords: Administrative Law - Affordable Housing - Local Government - Zoning

Question Presented: Whether the Housing Appeals Committee had power to strike down conditions imposed by a zoning board of appeals, on the ground that the board lacked authority to impose the conditions.

Facts: Attitash, a developer, applied to the zoning board of appeals for the city of Amesbury for a comprehensive permit to develop low income housing. The board granted the application with …

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Argument: February 11, 2010

Keywords: Administrative Law - Energy - Environmental Law - Local Government

Question Presented: Whether the Energy Facilities Siting Board (“EFSB”) acted within its authority in granting a set of approvals for the Cape Wind energy project.

Facts: Construction of an energy facility such as the Cape Wind project often requires approval by many state and local agencies, any one of which can block development.  To avoid that …

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