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6 Aug 2014, 10:55 am by Patricia Salkin
Under G.L. c. 40A, § 6, pre-existing nonconforming structures or uses may be extended or altered, provided, that “no such extension or alteration shall be permitted unless there is a finding by the permit granting authority or by the special permit granting authority designated by ordinance or by-law that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood”. [read post]
31 Jul 2014, 5:52 am by admin
Weaver has expanded the use of strict liability to instances of injury resulting from any building code violations under G.L. c. 143 § 51. [read post]
18 Jul 2014, 2:35 am by Michael DelSignore
The SJC, however, cited to a Massachusetts statute (G.L. c. 276, § 1) that was enacted to provide more protection against searches and seizures then does the U.S. [read post]
8 Jul 2014, 7:22 am by APransky
If this happened in Massachusetts, the men flying the drone could be sued for invasion of privacy.Massachusetts has a statute, G.L. c.214, § 1B which provides that individuals in Massachusetts have a right of privacy. [read post]
7 Jul 2014, 6:13 am by Kara M. Maciel
Commonly referred to as the “ABC Test,” G.L. c. 149, § 148B(a), putative employers must satisfy the following three conditions to establish an independent relationship with individuals who perform services for them: (a) the individual is free from control and direction in connection with the performance of service; (b) the service is performed “outside the usual course of the business of the employer,” and (c) the individual is customarily engaged in an… [read post]
21 May 2014, 10:17 am by Stephen Neyman, P.C.
Discharging a Firearm Within 500 Feet of a Building Cruz has also been charged with a violation of G.L. c. 269 §12E making it a crime to shoot a gun within five hundred feet from a building. [read post]
11 May 2014, 8:17 am by Patricia Salkin
Dias’s plan was endorsed by the Town’s planning board as an approval-not-required plan (“ANR”) pursuant to Massachusetts statutory law, G.L. c. 41, § 81P. [read post]
10 May 2014, 10:14 am by Stephen Neyman, P.C.
  Bail Reduction Hearings G.L. c. 276 §58 permits anyone aggrieved by an order of bail set by a judge in the district court the right to appeal. [read post]
15 Apr 2014, 2:14 pm by Patricia Salkin
Doherty sought review pursuant to G.L. c. 40A, § 17, and the Land Court judge entered judgment affirming the board’s decision and dismissing Doherty’s complaint. [read post]
14 Apr 2014, 2:10 pm by Patricia Salkin
The Planning Board’s final action came within 90 days of the close of the public hearing on August 16, 2012, and was thus valid under G.L. c. 40A, § 9. [read post]
11 Apr 2014, 9:53 am
Weaver, held that owners/occupiers of certain buildings, as described under G.L. c. 143, § 51, are strictly liable for injuries caused by building code violations. [read post]
Weaver, held that owners/occupiers of certain buildings, as described under G.L. c. 143, § 51, are strictly liable for injuries caused by building code violations. [read post]
Weaver, held that owners/occupiers of certain buildings, as described under G.L. c. 143, § 51, are strictly liable for injuries caused by building code violations. [read post]
9 Apr 2014, 5:59 am by Stephen Neyman, P.C.
Instances Where G.L. c. 269 §10(h) Is Charged There are times when the prosecutor will charge the non-mandatory portion of this statute. [read post]