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Bill > H1611


MA H1611

MA H1611
Relative to streamline the judicial review of local land use decisions


summary

Introduced
03/29/2021
In Committee
03/29/2021
Crossed Over
Passed
Dead
12/31/2022

Introduced Session

192nd General Court

Bill Summary

Relative to judicial review of local land use decisions. The Judiciary.

AI Summary

This bill aims 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. The key provisions include: requiring the plaintiff to notify all defendants within 14 days and file an affidavit within 21 days, limiting the court's review to the record of the board's proceedings, and establishing that a decision is valid if supported by substantial evidence and not arbitrary, capricious, or illegal. Additionally, the bill requires non-municipal plaintiffs seeking to reverse a project approval to post a bond to cover the property owner's carrying costs and legal fees, which would be forfeited if the plaintiff does not substantially prevail on the appeal.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4844 (on 06/09/2022)

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