Home -> Law Blog Directory -> Real Estate & Property Law Blogs -> Meltzer Law Offices
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Real Estate & Property Law
: Meltzer Law OfficesBellingham Bylaw giving Veto Power to Town Meeting for ?Major Developments? is Illegal.
By Stephen E. Meltzer, Esquire
The Land Court has struck down and invalidated a Bellingham Bylaw provision requiring approval of a Concept Plan by Town Meeting for large development proposals.
According to the Court, the provision provided that ?an applicant seeking the grant of a special permit for a Major Development (at least 50 dwelling units or 100 bedrooms) must, under the By-law, secure the approval of a comprehensive Concept Plan by means of a two-thirds vote of town meeting. Town meeting may approve the Concept Plan, may approve it with ?conditions or limitations,? or absent a two-thirds vote in favor, may presumably deny it outright.?
The traditional powers vested in Town Meeting, according to the Court, are the ?the power to make laws (by-laws) and the power of the purse.? An ?adjudicatory or quasi-adjudicatory role . . . is a function for which [Town Meeting] is, at best, ill suited.?
While the Court did not agree that the Town Meeting was illegally acting as the special permit granting authority, it wields a veto power over any proposal which ?is a function that is neither contemplated nor permitted under G.L. c. 40A.?
The case is Wright v. Town of Bellingham, 2007 WL 1884657 (Mass.Land Ct. July 2, 2007). Click HERE for the full text of the opinion.
Full post as published by Meltzer Law Offices on July 09, 2007 (boomark / email).
Illegal Immigrant Responsibility and Reform Act of 1996
Explanation of the controversial illegal immigration law
Power of Attorney and Living Wills for the aged
Options for caring for aging parents
Estate Planning
Documents: durable power of attorney, living will, letter of instruction, and insurance trust
Grandparents Visitation Rights
Every state lets elderly grandparents petition to visit grandchildren
Living Wills and Powers of Attorney
Laws effecting the elderly
US Auto
Meeting Notification Regarding $10 Million Class Action Settlement.
Major Egg Producers
Class Action Filed over Alleged Price Fixing
Forest Laboratories Potentially Illegal Marketing
Forest Laboratories Potentially Illegal Marketing
Hospira AC Power Cord Recall
Hospira AC Power Cord Recall
Music Teacher
Town of Brookline agrees to $150,000 settlement after the former employee exploited a freshman student.
Burst Drain Pipe
Town of Smithtown agrees to pay homeowners $260,000 property damage settlement.

Bellingham Law Office and Riley the dog.
FedEx Corporation Agrees to Adopt a Pill-Limiting Bylaw
Court of Chancery Upholds Right To Nominate Directors
CA v. AFSCME: The Limits of Shareholder Power
Pacific Northwest Meeting with LexBlog's Kevin O'Keefe









