The consequences of a zoning board decision are not limited to the subject property but may also affect the neighborhood and wider community. In certain situations, someone who believes a decision will negatively affect them may challenge a Massachusetts zoning board ruling. However, Massachusetts law restricts the group of people with…
Changes in land use and the development of nearby property is often a cause of concern for residential homeowners. In an April 19, 2018 Massachusetts real estate case, the plaintiffs challenged a zoning board’s decision to grant a special permit to a developer, the defendant in the case. The special…
In the real estate market, the zoned use or designation of a parcel of property can significantly affect its monetary value. In a March 8, 2018 land use case, the property at issue was estimated to be worth $250,000 if it was a buildable lot, but only around $85,000 if…
If you are opposed to a local government decision regarding land use, you may be able to bring an appeal if you are an aggrieved person as defined by law. In a February 16, 2018 Massachusetts land use case, the Land Court considered whether a plaintiff had legal standing to…
In order to make certain improvements to your property, you may need approval from a local planning board. If the process does not end in a favorable decision, you can appeal. A February, 1, 2018 real estate case before the Land Court arose out of the plaintiffs’ efforts to develop…
Many people consult with a Massachusetts land use attorney before engaging in a particular activity on their residential property in order to understand relevant zoning restrictions. While zoning is generally determined by the local government, in some cases, federal or state law may have an effect, as illustrated in a…
Many property owners become concerned when areas in their neighborhood undergo zoning changes and are used for purposes not originally intended. The landowners in a January 5, 2018 Massachusetts land use case took action after learning of zoning changes in their neighborhood. In the case, the city council had approved a zoning amendment…
Building a dwelling on your own property typically requires a special permit or approval from a local zoning board. That decision can be appealed, as the plaintiffs appealed the denial of their building permit application in a November 2, 2017 Massachusetts zoning case before the Land Court. The plaintiffs in the…
In some situations, nearby property owners have the right to object to decisions made by local zoning boards. These cases typically involve interpreting deeds and applying the real property laws of Massachusetts and local bylaws. In an October 5, 2017 case, the Massachusetts Land Court considered a challenge brought by plaintiffs…
Massachusetts state and local zoning laws generally have the most direct impact on how land can be used, but in some cases, constitutional issues may arise. An October 18, 2017 case illustrates a Massachusetts land use matter challenged by town residents on the basis of the Massachusetts Constitution. The local planning…