Does your head hurt trying to distinguish between the General Fund, a Stabilization Fund, and a Revolving Fund? Does panic overwhelm you when you think about Proposition 2½? Have no fear! Kathleen Colleary (Retired Bureau Chief for the Bureau of Municipal Finance Law), Donna Brewer (Partner at Miyares and Harrington, LLP), and Kenneth Woodland (Counsel at the Department of Revenue, Division of Local Services) are here to help! Visit Upcoming Events for more information on this event.
Keywords: License. State Building Code. Administrative Law, Decision, Findings, Proceedings before agency. Moot Question
The Appeals Court today issued its decision in Bloomstein v Department of Public Safety, in which the DPS had increased a recommended 3 month suspension of a construction supervisor’s license to 12 months. The Superior Court upheld that action. The Appeals Court reversed and remanded, finding numerous procedural errors by the agency and non-compliance with G.L. c. 30A process. Among other errors, the Board members who did not hear the case did not read the record. One member stated on the record “that she “[j]ust couldn’t even imagine reading through all these exhibits.” Click here for the full text of the Appeals Court’s decision.
Keywords: Department of Youth Services. Statute, Appropriation of money, Construction. Declaratory Relief. Jurisdiction, Declaratory relief, Justiciable question. Practice, Civil, Declaratory proceeding, Motion to dismiss. Governmental Immunity
The Appeals Court on Thursday issued its decision in Nordberg v. Commonwealth, in which it upheld in part and reversed in part a suit by a private individual against the state over line items set forth in general appropriation acts. The case provides a helpful discussion of private rights of action against the government and sovereign immunity. Click here for the Appeals Court’s decision.
Keywords: State Ethics Commission. Conflict of Interest. Administrative Law, Conflict of interest, Substantial evidence, Judicial review. Evidence, Administrative proceeding, State of mind, Expert opinion. Police Officer. Motor Vehicle, Investigation of accident. Probable Cause
The Appeals Court issued on Thursday its decision in McGovern v State Ethics Commission in which it upheld the SEC’s findings of violations of the Conflict of Interest Law by a police lieutenant in giving preferential treatment to a fellow police officer in an alcohol related motor vehicle incident. The case is particularly informative by its analysis of substantial evidence and other administrative law issues. Click here for the full text of the Appeals Court’s decision.
MMLA would like to call to your attention an important and timely legal educational program by our long-time partner MCLE. It is entitled:
“1st Look” at What Municipal Counsel Needs to Know When Cannabis Comes to Town –
Learn how to navigate and advise your town
on the burgeoning new, multifaceted cannabis industry.
In-Person Program Thursday, 10/17/2019, 3:00 pm – 5:00 pm, MCLE Conference Center, Ten Winter Place, Boston
Live Webcast Thursday, 10/17/2019, 3:00 pm – 5:00 pm, Live Webcast, www.mcle.org, Live Webcast
Recorded Webcast Thursday, 10/31/2019, 9:00 am – 11:00 am, Recorded Webcast, www.mcle.org, Recorded Webcast
For more program details, and additional information on this program and for registration information, click here.
Keywords: Zoning, Educational use. Education, Zoning. Words, “Educational purpose.”
Reversing the decision of the Land Court, the SJC’s decision rejected the Land Court’s denial of “Dover Amendment” protections to McLean’s residential program reasoning that the Land Court’s conclusion that program activities were medical and not educational for purposes of G.L. c. 40A, Section 3, was wrong. Click here for the full text of the SJC opinion.
Keywords: Eminent Domain. Authority for taking. Redevelopment Authority. Urban Renewal. Easement. Uniform Procurement Act. Practice. Civil. Eminent domain proceeding. Standing. Judgment on the pleading
The Supreme Judicial Court today issued its decision in JOSEPH P. MARCHESE vs. BOSTON REDEVELOPMENT AUTHORITY,in which it held that the plaintiff, described as “merely a private party with neither a property interest nor an existing business…adversely affected” by the 2013 taking of an easement in Yawkey Way by the Boston Redevelopment Authority, lacked standing to challenge the process by which the Red Sox subsequently acquired rights in the street.
Click here for the full text of the Court’s decision.
IMLA and State and Local Legal Center has alerted us to a free webinar previewing cases before the U. S. Supreme Court.
This event is free, open to anyone, and will be recorded. Two noteworthy items. First, one of our speakers is Supreme Court legend Michael Dreeben. He was the Deputy Solicitor General for years (arguing over 100 cases) and most recently participated in the Mueller investigation. Second, most years I schedule this event in the middle of October and hope and pray the Court grants interesting petitions in late September so we have something to talk about. Not this term.