Bill > H3299

This bill seeks to streamline the judicial review of local land use decisions. It amends the second paragraph of Section 17 of Chapter 40A to modify the process for filing a complaint against a land use decision, including requiring the plaintiff to provide notice to all defendants and file an affidavit confirming such notice within a specified timeframe. The bill also limits the court's review to the record of the board of appeals or special permit granting authority, and establishes that a decision is valid if it is supported by substantial evidence and is not arbitrary, capricious, or illegal. Additionally, the bill requires a non-municipal plaintiff seeking to reverse approval of a project to post a bond to cover the estimated annual carrying costs of the property owner and the defendants' attorney's fees, which would be forfeited to the property owner if the plaintiff does not substantially prevail on the appeal.

Justice

https://malegislature.gov/Bills/191/H3299