At MMLA’s Annual Half-Day Seminar and Awards Luncheon at the Publick House in Sturbridge on August 10th, the Association recognized with gratitude the services of immediate past president Henry Luthin, First Assistant Corporation Counsel for Boston. MMLA President Angela Atchue presented the award on behalf of the Association.
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:
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. 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
In an important employment case dealing with medical marijuana, the SJC issued on July 17th its decision in Barbuto v Advantage Sales in which it stated “The issue on appeal is whether a qualifying patient who has been terminated from her employment because she tested positive for marijuana as a result of her lawful medical use of marijuana has a civil remedy against her employer. We conclude that the plaintiff may seek a remedy through claims of handicap discrimination in violation of G. L. c. 151B, and therefore reverse the dismissal of the plaintiff’s discrimination claims. We also conclude that there is no implied statutory private cause of action under the medical marijuana act and that the plaintiff has failed to state a claim for wrongful termination in violation of public policy, and therefore affirm the dismissal of those claims.” For the full text of the decision, click on: Cristina-Barbuto-v-Advantage-Sales-and-Marketing-LLC
Keywords: Municipal Corporations, Conservation commission, Bylaws and ordinances. Wetlands Protection Act.