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Bill > H1342


MA H1342

MA H1342
To streamline the judicial review of local land use decisions


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to streamline the judicial review of local land use decisions. The Judiciary.

AI Summary

This bill aims to make it easier and faster to review local land use decisions in court. It changes the rules for how lawsuits are handled when someone challenges a decision made by a local board, such as a zoning board of appeals or a special permit granting authority, which are local government bodies that make decisions about land use. The bill requires that anyone challenging a decision must notify all parties involved, including the board members, within specific timeframes and file proof of this notification with the court. It also clarifies that the court will only consider evidence that was presented to the original board, unless it was improperly excluded, and will determine if the board's decision was arbitrary, capricious, or illegal based on the existing record. Furthermore, if a plaintiff who is not the original applicant challenges a project approval, they will be required to post a bond to cover the property owner's costs and attorney fees, which can be forfeited if the plaintiff does not win their case. This process is intended to be the primary way to challenge these decisions, preventing delays and ensuring that decisions are based on substantial evidence.

Committee Categories

Justice

Sponsors (2)

Last Action

Accompanied a study order, see H4706 (on 10/24/2016)

bill text


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