Posts Tagged ‘amicus brief’
ADVOCACY ALERT: Sullivan & Worcester Files Amicus Brief on Behalf of NAIOP Massachusetts urging SJC to Affirm the Attorney General’s Ability to Enforce Section 3A of the Zoning Act
On Monday, September 16, 2024, law firm Sullivan & Worcester filed an amicus brief on behalf of NAIOP Massachusetts – The Commercial Real Estate Development Association (NAIOP) in the case of Attorney General v. Town of Milton and Joe Atchue, in his official capacity. At issue is whether or not Section 3A of the Zoning Act (otherwise known as the MBTA Communities Law) provides the sole remedy for noncompliance with the law, and whether, and to what extent, the Attorney General’s office is authorized and has standing to enforce compliance with the Section.
Read MoreDain Torpy Files Amicus Brief on Behalf of NAIOP & Massachusetts Association of REALTORS® in Shoucair v. Zoning Board of Appeals of Boston & Others
On March 8, law firm Dain, Torpy, Le Ray, Wiest & Garner (Dain Torpy) filed an amicus brief on behalf of NAIOP Massachusetts – The Commercial Real Estate Development Association (NAIOP) and the Massachusetts Association of REALTORS® (MAR). Because Boston’s zoning appeal bond requirement is established by statutory text that is distinct from, and pre-dates, the Commonwealth’s separate zoning appeal bond provision, the brief urges the SJC to affirm the Superior Court’s imposition of a bond on the appellant in this case without requiring an “in bad faith” determination.
Read MoreSJC Supports NAIOP Position in Sudbury v. MBTA
On September 22, in a landmark win for the commercial real estate industry, the Supreme Judicial Court (SJC) of Massachusetts unanimously affirmed the Land Court’s dismissal in Sudbury v. MBTA , holding that the prior public use doctrine is inapplicable when land owned by a public entity is conveyed to a private entity for a different use.
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