Where a town bylaw would prevent the sale of alcohol at a showing of the musical Hair or the play Equus at a theater located in an adult entertainment overlay district, the bylaw is impermissibly overbroad and cannot stand, the Supreme Judicial Court said today in...
Municipal Law
Is A Wall Just A Wall, Or Is It A Structure?
When is a wall just a wall, and when is a wall a structure? In the recent decision of O'Connell v. Vainisi, LCR (May 29, 2015), the Land Court considered this question under the Cohasset zoning bylaw. Specifically, the Court considered the Plaintiffs' objection to...
“Tear down that wall!” – Good Fences Don’t Necessarily Make Good Neighbors, Part II
At the end of last year, we wrote about the case of Ruth Dwyer of Thetford, Vermont, who constructed a 60-foot-by-24-foot partition, consisting of cloth strung across multiple utility poles, to block her view of her neighbor, Patrick Perry’s house, and the light from...
Confused About Standing and Merger in Zoning Appeals?
Anyone looking for a refresher course on the topics of standing and merger with regard to zoning appeals is in luck. Yesterday, the Land Court issued its decision in Pitsick v. Lipsitt, 13 MISC 477862 (May 14, 2015), in which Judge Sands provided a comprehensive...
Springfield’s Attempt to Regulate Foreclosure-Related Urban Blight Invalidated
The Supreme Judicial Court has ruled on two questions certified to it in regard to ordinances passed by the city of Springfield in response to the wave of foreclosures triggered by the recent financial crisis and housing bubble. Springfield passed the two ordinances,...