Bill > H1878

This bill modifies Chapter 40A of Massachusetts law to streamline judicial review of local land use decisions by making several key changes to the process of challenging zoning and special permit decisions. First, the bill clarifies procedural requirements for filing a complaint, including mandating that plaintiffs send written notice to all defendants within 14 days of filing and submit an affidavit confirming notice within 21 days, or risk having the complaint dismissed. The bill also restricts courts to reviewing only the existing record of the local board's decision, limiting the introduction of new evidence and requiring courts to determine if the board's decision was arbitrary, capricious, or illegal. Additionally, the bill introduces a new requirement for non-municipal plaintiffs challenging a project approval to post a bond covering twice the estimated annual property carrying costs and potential legal fees, with the bond potentially being forfeited to the property owner if the plaintiff does not substantially prevail in their appeal. These provisions aim to discourage frivolous legal challenges to local land use decisions while ensuring a fair and efficient review process.

Justice

https://malegislature.gov/Bills/194/H1878