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Real Estate Law

No litmus test for local need; Even if a municipality reaches its 10% minimum affordable housing under Chapter 40B, a housing project may still be consistent with a local need and avoid local zoning.

The Supreme Judicial Court found that the Town of Amherst appropriately granted a comprehensive permit under chapter 40B because the town had an “overwhelming need for affordable housing”  outweighing “’constraints imposed by the zoning bylaw,’” despite the fact that it already supplied the statutory minimum of 10% affordable units.


[Read More]

The case is Boothroyd v. Zoning Board of Appeals of Amherst, SJC-09896 (June 14, 2007) and can be found HERE.

From Meltzer BLawG Offices posted 2007-06-19.

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 is===1

What role does financial means determine which parent gains custody?
was(am) a single male that gained custody of my daughter when she was three. Thi...

How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...

What rights does a father have when a woman waits 13 years to tell a man he is a father & he missed out on the growing up of that child?
Actually, he has as much right as she to request a paternity test, plus he can f...

Can I be held responsible for paying child support if I signed a birth certificate of a child that was not mine (am not the biological father)?
Get yourself some legal counsil straigth away. Explain you situation to him/her ...

Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...


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