2017 Conference An Outstanding Success

Governor’s Chief Legal Counsel Lon Povich

The MMLA’s 2017 Annual Meeting and Conference, was held on September 14-16, 2017, at the Cape Codder Resort and Spa in Hyannis. The Conference keynote speaker was Lon Povich, Chief Legal Counsel to Governor Baker.  In addition to a full slate of legal panels on a variety of municipal law topics, those attending were treated to presentations by three judges on practice before their respective courts:  Justice William Cowin (Ret.) and Justice Francis Fecteau (Ret.) of the Massachusetts Appeals Court, and Land Court Chief Justice Judith Cutler.  Conference attendees enjoyed a private tour and reception at the J.F.K Museum, one of the conference highlights.  This year’s conference also featured the availability of conference program materials on-line, providing real-time access to speakers’ handouts during the conference. Every year, the Annual Meeting and Conference keeps getting better and better.  Be sure to plan to attend next year’s Conference!  Click here to see what we did this year.

MMLA and MMA to Hold Workshop – “Implementing the Revised Marijuana Statute – What Municipal Officials Need to Know Now!”

This informative half-day workshop has been scheduled for October 3rd at the Hogan Center of Holy Cross College in Worcester.  It is co-sponsored by MMLA and Massachusetts Municipal Association (MMA), and will be co-chaired by MMLA Executive Board members John Goldrosenand Margaret Hurley. The topics to be covered are of great importance to municipal lawyers, planners, selectmen, town administrators, zoning board members, planning board members, and other local officials.  Registration and a continental breakfast are available at the Hogan Center beginning at 8:00 AM. For program details and registration information, visit this website’s Upcoming Events, or click here.

MMLA President Angela Atchue Among Top Women of Law!

Massachusetts Municipal Lawyers Association is very pleased to report that MMLA President Angela D. Atchue has been recognized by Mass Lawyers Week’s as one of its 2017 Top Women of the law.  She will join the other honorees to receive the award on Thursday, November 2nd (5:30 PM to 8:00 PM) at the Marriott Copley Place Hotel.  The Association is extremely proud to have its president receive this recognition for excellence.

Appeals Court: Malden Police Patrolman’s Association v. City of Malden

 Keywords:   Practice, Civil, Motion to dismiss, Summary judgment. Superior Court. Rules of the Superior Court. Administrative Law, Primary jurisdiction, Exhaustion of remedies. Unjust Enrichment. Contract, Collective bargaining contract, Unjust enrichment, Promissory estoppel. Public Employment, Collective bargaining. Police, Collective bargaining. Massachusetts Wage Act. Civil Service, Collective bargaining, Municipal finance. Municipal Corporations, Collective bargaining, Municipal finance.

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Program Finalized for MMLA Annual Conference in Hyannis – Sept. 14-16

MMLA is pleased to announce that its 2017 Annual Conference program has been finalized. It is scheduled to take place at the Cape Codder Resort in Hyannis from Thursday, September 14th through Saturday, September 16th. We are delighted to report that the Keynote address this year will be delivered at the Friday luncheon by Lon Povich, Chief Legal Counsel for Governor Baker.

 

Over the three days of the conference attendees will have the opportunity to participate interactively with legal experts in many areas of municipal law, including:

Environmental Law – (Greg McGregor, Luke Legere, and Olympia Bowker)
Marijuana Regulation – (Margaret Hurley, John Goldrosen, Jeff Bagg)
Public Records – (Lauren Goldberg)
Employment Discrimination – (John Davis, Regina Gilgun Ryan)
Land Use and Zoning – (Barbara Saint Andre, Paul Haverty)
Constitutional Law – (Professor Bob Smith)
Appellate Practice – (Retired Justices Cowin and Fecteau)
Land Court Litigation – (Land Court Chief Justice Judith Cutler)
Amicus Brief Writing – (Tom Urbelis, Chris Petrini)

On Friday evening, attendees will enjoy a private tour of the JFK Museum, followed by a reception at the Museum.

For all the detailed information you will need to join us for this outstanding conference, including conference hotel registration information, conference registration, costs and fees, and a link to the full program details, click on the link in Upcoming Events!  Or click on the following links:

Program Summary.

Registration for MMLA 2017 Annual Conference.

Marijuana Bill Heads to Governor’s Desk

It is expected that the Governor will shortly sign the compromise marijuana bill.  The conference report (H. 3818) has been enacted by both the House and Senate and sent to the Governor for consideration today. The Governor has 10 days to sign the bill, allow the bill to become law without his signature, send the bill back with amendments or veto the measure. As such, the bill could become law as late as July 30, a day before the first major deadline set forth in the compromise proposal. August 1 is the deadline to appoint the 25-member Cannibis Advisory Board.

Here are links to the text of H.3818, and a brief overview prepared by David Lakeman (Mass Municipal Association):

Text of Bill:  H3818

Bill Overview: Overview of H.3818

Appeals Court: Graham Gund v. Planning Board of Cambridge

Keywords: Courthouse. Zoning, Nonconforming use or structure, Governmental use. Governmental Immunity. County, Municipal zoning by-laws. Municipal Corporations, Governmental immunity, By-laws and ordinances.

The Appeals Court today issued its decision in Graham-Gund-v.-Planning-Board-of-Cambridge.  The court ruled that even though the structure would not have conformed to the zoning if it had not been a government building (and therefore, not subject to the zoning), the fact that it “conformed” because it was not in violation, being a government building, means that it was conforming prior to the change in zoning. which provided. “The sole issue on appeal is whether the court house, when it loses its governmental immunity by transfer to the developer, will constitute a preexisting nonconforming structure under G. L. c. 40A, § 6, and § 8.22.2(a) of the relevant zoning ordinance such that redevelopment may be approved by special permit.[3] A judge of the Land Court concluded on summary judgment in a well-reasoned decision that c. 40A, § 6, and § 8.22.2(a) of the zoning ordinance govern the developer’s efforts to redevelop the property, and we affirm”

For the full text of the case click on: Graham-Gund-v.-Planning-Board-of-Cambridge