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Bill > S889


MA S889

MA S889
To expedite the transfer of cases to the permit session of land court


summary

Introduced
04/15/2015
In Committee
04/15/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to expedite the transfer of cases to the permit session of land court. The Judiciary.

AI Summary

This bill amends existing law to expand the types of cases that the permit session of land court can handle and to expedite the transfer of eligible cases to this specialized court. The permit session will now have the authority, alongside the superior court, to hear civil actions related to appeals of municipal, regional, or state permits, orders, certificates, or approvals concerning real property development for residential, commercial, or industrial purposes, including specific statutory references and local bylaws. This jurisdiction also extends to actions seeking to secure or protect permit issuance, challenge the interpretation of rules regarding permits, and claims arising from disputes over real property permits, with specific thresholds for residential and commercial developments based on the number of dwelling units or square footage, though industrial projects are exempt from these thresholds. Furthermore, any case that falls under the permit session's jurisdiction but was initially filed elsewhere will be transferred to the permit session upon a party's request, with the original court automatically transferring the case file within 20 days unless the permit session notifies the court within 10 days that the case does not meet the jurisdictional requirements. If a jury trial is requested for a case in the permit session, it will be transferred to the superior court for that trial.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see S2204 (on 04/04/2016)

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