Argument: October 2010

Keywords: Damages - Energy - Real Property - Takings - Zoning

Question Presented: How should a plaintiff prove damages from a taking based on a development plan that is currently barred by statute?

Facts: The defendant water authority took property by eminent domain from the plaintiff energy company to build a sewer relief system. Market value was paid based on anticipated industrial uses. 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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