May 28, 2013: Attorneys and staff from Kopelman and Paige will once against participate in the Annual Lawyers Have Heart 5K road race to benefit the American Heart Association/American Stroke Association. To learn more about this event, click HERE.

March 21, 2013: Attorney Lauren Goldberg hosted a comprehensive webinar entitled "Everything You Want to Know About Town Meeting But Might be Afraid to Ask." In this "soup-to-nuts" presentation, every facet of town meeting was covered and Lauren answered all questions submitted by the participants. The webinar topics covered a wide range, from the colonial history of town meeting, to preparation for the meeting, how to make and amend motions at the meeting, and what happens after the dissolution of the meeting, including the process for review and approval of zoning and general bylaws by the Attorney General and the referendum process in connection with votes taken at representative town meetings. We understand that there is interest in an encore presentation," so Lauren will be scheduling another opportunity for those who missed today's program. Watch for an invitation in the very near future!

March 21, 2013: In 2012, the outstanding legal defense provided by attorney David Doneski to the Town of Holliston resulted in the landmark decision by the Supreme Judicial Court in Barr Incorporated v. Town of Holliston, 462 Mass. 112 (2012). The importance of this decision is underscored by the featured section in today's City and Town publication of the Massachusetts Department of Revenue's Division of Local Services, which notified all cities and towns of the Commonwealth of the high significance of this decision. In Barr, the Commonwealth's highest appellate court confirmed that municipal construction contract awards are not confined in all cases to the lowest bidder, and that awards may be based on other information in addition to the bidder's certification file maintained by DCAM and the information listed in the bidder's own update statement submitted with its bid. To read DOR's analysis of this decision, click HERE and scroll down to the section entitled, "Independent Investigation of Bidders Permissible."

March 13, 2013: Medical Marijuana Treatment Centers - Today, the Attorney General of the Commonwealth issued two notable decisions affecting local planning for addressing concerns resulting from Chapter 369 of the Acts of 2012, "An Act for the Humanitarian Medical Use of Marijuana" (Enacted as Question 3 of the November 2012 state ballot).

We are pleased to announce that the Attorney General approved a temporary moratium voted in Burlington, which employed the reasoning and the wording that Kopelman and Paige provided in order to create a zoning moratorium extending from January 28, 2014 until July 30, 2014. In doing so, the Attorney General determined that "Such a temporary moratorium is clearly within the Town's zoning power when the stated intent is to manage a new use, such as medical marijuana treatment centers, and there is a stated need for 'study, reflection and decision on a subject matter of [some] complexity...'" To read the decision of the Attorney General approving the Burlington moratorium, click HERE.

In contrast, the Attorney General today also disapproved a total ban enacted by the Town of Wakefield. The deficiencies noted in a total ban included that such a ban would frustrate the purpose of the Act as expressed by the voters who approved Question 3, and have the negative result of "throwing off" a controversial use to another town.... "To read the decision of the Attorney General disapproving the Wakefield total ban, click HERE.

January 31, 2013: UNITED STATES COURT OF APPEALS VACATES $14 MILLION+ VERDICT AGAINST CITY OF BOSTON POLICE DETECTIVE - A team of seasoned litigators from Kopelman and Paige, retained by the City of Boston Law Department as special appellate counsel, won a major decision in favor of a former Boston Police Detective. We are pleased and proud to report that we won the January 31, 2013 the United States Court of Appeals decision in the matter of Drumgold v. Callahan, overturning a 14 million dollar judgment together with interest that had accrued from June 3, 2004, and payment of the City's attorney's fees, totaling nearly 17 million dollars. The Court of Appeals agreed with Kopelman and Paige attorneys that the trial judge had improperly instructed the jury on the key issue of causation. As a result, the Appeals Court vacated the judgment against Detective Callahan, and ordered a new trial. Fore more information, click HERE.

June 8, 2013: Attorney Lauren Goldberg will be a featured speaker at this year's annual New Selectmen Training Seminar sponsored by the Massachusetts Municipal Association/Massachusetts Selectmen's Association, to be held at the Town of Natick Senior Center. This seminar will provide training in Open Meeting, Public Records and Conflict of Interest law, as well as budgeting basics and tips for effective service by newly elected selectmen.

April 12, 2013: Attorney Jack Dolan will present Human Resources 101 (or the Alphabet Soup Survival Guide) at the meeting of the Southeast Coast Chapter of the International Public Management Association for Human Resources, where he will explain to municipal managers and department heads the intricacies and practical requirements of the various laws affecting employment and human resources, commonly kown by their acronyms, ADA, ADAAA, ADEA, COBRA, FLSA, FMLA GINA, PDA. MORE...

April 5, 2013: Attorney Kay Doyle will deliver a presentation on the implementation of the new Massachusetts Medical Marijuana Law as part of a panel discussion sponsored by the Real Estate Section of the Boston Bar Association. For additional information concerning this event, please click HERE.

April 2, 2013: Attorneys Tom McEnaney and Jeff Blake will present a seminar on Appellate Tax Board practice and procedure at the Middlesex County Assessors' Association Legal Roundtable. The seminar will address jurisdictional and procedural issues, discovery and recommended best practices, and will include a discussion of Open Meeting Law issues applicable to Boards of Assessors.

March 16, 2013: Attorney Kay Doyle will be participating in a Citizen Planner Training Collaborative program on the subject of "Planning and Zoning for Medical Marijuana." Also participating will be Town of Billerica Director of Planning Tony Fields. Together, Kay and Tony will discuss the novel planning and zoning issues presented by the new law, medical marijuana and associated uses and offer ideas and guidance for navigating this uncharted legal territory. For additional information about the new law and the regulations being prepared by the State Department of Public Health, click HERE.

March 13, 2013: Attorney Joyce Frank will participate as a municipal law expert in the 11th Annual Municipal Conference sponsored by Massachusetts Continuing Legal Education, Inc. ("MCLE") and the City Solicitors and Town Counsel Association. Attorney Frank will draw on her extensive experience to instruct municipal attorneys on the topic of "Insurance in the Public Sector." The faculty for this even also includes such experts as Retired Appeals Court Judge John M. Greaney, Kathleen Colleary, Chief of the Massachusetts Department of Revenue Bureau of Municipal Law, and representatives of the Attorney General's Division of Open Government. For additional information on this program or on MCLE, click HERE. To read an excerpt from the program book, Chapter 19, "Insurance for Municipalities," click HERE.

March 12, 2013: Attorney Kay Doyle obtained a decision in Essex Court dismissing a complaint for civil contempt brought by the operators of Ingaldsby Farm and the Town of Boxford Building Inspector. The decision in Nissenbaum v. Price, et al., ESCV2008-00541, is the first court ruling to examine what level of documentation may be required of farm stands to demonstrate compliance with the agricultural exemption in G.L. c. 40A §3 since the exemption was amended in 2007 and 2010. MORE...

March 6, 2013: By invitation of the Mayor of the City of Peabody, Attorney Lauren Goldberg will present a comprehensive "tutorial" on the Open Meeting Law to members of the City Council and staff and members of the City's many multiple-member boards. Attorney GOldberg will explain the fundamentals of the "new" Open Meeting Law, including new definitions, quorum requirements, deadlines, changes in the requirements for contents of meeting agendas, and will provide many practical tips for avoiding common pitfalls and explain the role of the Division of Open Government and other changes in the law that went into effect on July 1, 2010.

March 6, 2013: By invitation of the Mayor of the City of Peabody, Attorney Lauren Goldberg will present a comprehensive "tutorial" on the Open Meeting Law to members of the City Council and staff and members of the City's many multiple-member boards. Attorney GOldberg will explain the fundamentals of the "new" Open Meeting Law, including new definitions, quorum requirements, deadlines, changes in the requirements for contents of meeting agendas, and will provide many practical tips for avoiding common pitfalls and explain the role of the Division of Open Government and other changes in the law that went into effect on July 1, 2010.

March 4, 2013: Attorney Megan Bayer secured an Appeals Court victory for the Town of Dennis, affirming the right of a city or town to use its zoning to limit the by-right expansion of a single- or two-family residence.  In its decision in Eburn, et al. v. Zoning Board of Appeals of Dennis, the Court also affirmed the Board’s right to deny a permit for an expanded structure, based on finding that by adding five or more feet to the height of the original structure, the expanded residence would be more detrimental to the neighborhood because it would “tower over adjacent properties.”   The Board denied the plaintiffs’ post-construction application for a special permit, first to allow the additional eight feet in the height of the home, and later to allow an additional five feet in height created by removing three feet of the addition. The Appeals Court noted that the resulting home, even at five feet higher than its original height, would “tower over adjacent properties.”  The Court agreed with the Board that such an increase to the height of the home increased the intensity of the nonconforming nature of the home, as that was defined in the Dennis Bylaw, so that it was neither allowed by right nor entitled to a special permit.  To read the Appeals Court decision, click HERE.

February 28, 2013: Attorney John Giorgio will be presenting a workshop in conjunction sponsored by the Massachusetts Department of Environmental Protection on "Contracting for Municipal Solid Waste and Recycling Services." This half-day program will address a wide range of topics, including basic municipal contracting law, developing effective bid documents and contracts, and issues specific to solid waste management, including user fee options, regulating private haulers and important contract provisions for a variety of situations. The seminar will take place at 1-4 PM at EcoBuilding Bargains, 83 Warwick Street, Springfield, MA. For information or to register, call (413) 567-5027.

February 21, 2013: Attorney Michele Randazzo will speak at the upcoming meeting of the North Shore Housing Executive Directors Association (NSHEDA), on legal issues currently facing housing authorities, with emphasis on best practices in handling employee grievances. This event will take place at Spinelli's Function Facility, Route 1 South, Peabody/Lynnfield town line. For information about NSHEDA, click HERE.

January 23, 2013: Attorney Patricia Cantor will be a panelist at the annual day-long training for land use attorneys entitled "Zoning Practice: MCLE Basics Plus!" Sponsored by Massachusetts COntinuing Legal Education, it will be held at the MCLE Conference Center, Ten Winter Street, Boston. Attorney Cantor will be present the topic of "Recent Developments in Zoning Law" in which she will survey signifcant court decisions during 2012 and respond to questions from those in attendance. Click HERE to read the text of cases surveyed by Attorney Cantor.

The Statewide Public Works Mutual Aid Agreement - General Laws c.40, §4K ("4K Agreement") allows government entities to share pubic works services, personnel, equipment, supplies and facilities to respond to and recover from public words events, emergencies, or natural or man-made disasters that affect or threaten their public works operations. Assistance under this program is available only if your city or town has opted into the 4K agreement, as is explained in our recent client advisory. For additional information, click HERE.

Attorney Janet Pumphrey’s review of two books on writing was accepted for publication by the Massachusetts Law Review. The first book is entitled Point Made: How to Write Like the Nation’s Top Advocates, by Ross Guberman, and is written for lawyers, using extensive examples of excellent legal writing. The second book, entitled How to Write a Sentence, by Stanley Fish, is a book about writing for all writers and is as much about how to read a sentence as it is about how to write one. Following publication of Attorney Pumphrey’s article, excerpts from her review will be available on this site.

December 14: Attorney John W. Giorgio made a presentation to the Barnstable County Selectmen and Councilor's Association. The topic was local land use regulation of medical marijuana clinics, following the passage of initiative petition Question 3 at the November 6, 2012, State election. Question 3 provided for elimination of criminal and civil penalties for the medical use of marijuana by qualifying patients and provided for cultivation and dispensing of marijuana for medical treatment purposes. Attorney Giorgio addressed the requirements of this new law, as well as discussed many unanswered questions that await resolution by the regulations called for by Question 3 to be issued by Commonwealth of Massachusetts Department of Public Health.

November 15, 2012:Attorney Brian Riley presented a free seminar sponsored by the Town of Rowe, addressing both the Conflict of Interest Law and the changes in the Open Meeting Law that became effective on July 1, 2010. This presentation included review and explanation of the various regulations and interpretations of the law by the Attorney General's Division of Open Government since that date.

October 30: Attorney Jonathan Silverstein participated in a seminar entitled "Massachusetts Gaming Law Update" sponsored by Massachusetts Continuing Legal Education and held at the MCLE Conference Center. Among the other panelists was Gaming Commissioner James F. McHugh, formerly Associate Justice of the Massachusetts Appeals Court.

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October 10: Attorney Patricia Cantor was a faculty member at an MCLE session: Update on Thorny Zoning Regulations & Cases. There have been a number of important recent zoning cases that answer some questions but leave many other unresolved. This briefing focused on some of the more complicated developments, and addresses such topics as how and when (and when not) to challenge a building inspector's permit or decision; whether, when and how nonconforming uses and structures may be altered or expanded; what uses are protected under the Dover Amendment; and when and how to appeal site plan decisions.

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September 27, 2012: Attorneys Patricia Cantor and Brian Riley spoke at the 2012 Fall Conference of the Massachusetts Town Clerk's Association, held at the Jiminy Peak Mountain Resort, Hancock, MA. Attorney Riley presented a session entitled, "Open Meetings, Conflicts of Interest, Political Activity & Other Pains." Attorney Cantor spoke on the topic of "Massachusetts Zoning Act & Subdivision Control Law - Everything a Town Clerk Needs to Know."

September 21: Attorney Jonathan Silverstein will be a panelist at the annual Southern New England American Planning Association Conference in Hartford, CT, participating in a session entitled "Casino Coming to Town," which will explore recent developments nationally and in Massachusetts as different communities and developers vie for the newly available gaming licenses. For additional information: http://www.sneapa.org/program/conference-sessions-friday.

September 11: Attorney Patricia Cantor conducted a free seminar sponsored by the Town of Southampton on the topic "Recent Developments in the State Open Meeting Law Affecting Municipalities." Attorney Cantor addressed the changes in the Open Meeting Law that became effective on July 1, 2010, and subsequent regulations and interpretations of the law by the Attorney General's Division of Open Government, the newly created agency now responsible for administering the law.

July 17: Attorney Elizabeth Lane led a training session for all Town of Wellfleet multi-member boards on the subject of the Open Meeting Law as amended effective July 1, 2010 as well as the more recent regulations of the Attorney General adopted in furtherance of the new law. The focus will be on understanding the changes that have taken place so as to avoid procedural missteps due to misunderstandings of the changes that distinguish the "new" law from longstanding Open Meeting Law. The session was open to the public and was held at the Wellfleet Senior Center, 715 Old Kings Highway starting at 6:00 PM.

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June 21: Attorney Patricia Cantor conducted a free seminar sponsored by the Town of Huntington on the topic "Recent Developments in the State Open Meeting Law Affecting Municipalities." It was held from 1:00-3:00pm at Stanton Hall, 26 Russell Road (Rt. 20), Huntington, MA. Attorney Cantor addressed the changes in the Open Meeting Law that became effective on July 1, 2010, and subsequent regulations and interpretations of the law by the Attorney General's Division of Open Government, the newly created agency now responsible for administering the law.

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June 12: Attorney Jack Dolan presented a seminar entitled "H.R. 101 - The Alphabet Soup Survival Guide" at the June 2012 Annual Meeting of the Massachusetts Auditors' and Accountants' Association, held at the Red Jacket Beach Resort in South Yarmouth, at which Attorney Dolan gave an overview of and responded to questions about the many employment-related laws that are commonly referred to by their initials, including the ADA, ADAAA, ADEA, COBRA, FLSA, FMLA, GINA, PDA, and more. You will find the full program description here.

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June 9: Attorney Lauren Goldberg led a session entitled “Major Changes to Governance Laws” at Massachusetts Municipal Association/ Massachusetts Selectmen Association’s Leadership Conference for Selectmen. Attorney Goldberg’s presentation addressed the following topics, with an emphasis on the law as it affects towns: Ethics and Conflict of Interest Law; Open Meeting Law and Executive Session; and Public Records Law. Click here for additional information about this event.

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June 7: Attorney Lauren Goldberg spoke at the Massachusetts Town Clerks’ Association and City Clerk’s Association 2012 Summer Conference on the topic: “Town Meeting From Soup to Nuts – All you ever wanted to know, and more, about Town Meeting!” A program description of the session can be found here.

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May 30: Lawyers Have Heart 5K Road Race - For the fifth consecutive year, several of the firm’s attorneys and staff members participated in the annual Lawyers Have Heart 5K Road Race, which was run Wednesday, May 30. Proceeds from the race benefit the American Heart Association and the fight to prevent heart disease and stroke. Click this link for information about this event and about Team Kopelman and Paige.

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May 7: Attorney John Goldrosen spoke at the Massachusetts Real Estate Bar Association spring conference in Marlborough as part of a panel discussion entitled “Dealing With Conservation Commissions: From Pitfalls to Permits.” Attorney Goldrosen presented “practice pointers,” from the municipal perspective, for attorneys who are representing applicants or other interested parties in Conservation Commission hearings. A PDF of Attorney Goldrosen's session materials can be found here.

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April 18: Attorney Brian Riley spoke on updates and new regulations regarding the Open Meeting Law at the Norfolk and Suffolk Counties Assessors Association Spring Meeting at Lombardo's in Randolph, with an emphasis on the Law's implementation for Assessors.

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April 12: Attorney Kay Doyle secured a significant victory for the Town of Plainville in Plainville Asphalt Corp. v. Town of Plainville, Land Court, Misc. No. 428686(GHP). In a complicated and vigorously litigated zoning appeal regarding the status of bituminous concrete production operation, the Land Court determined on cross-motions for summary judgment that although the use predated zoning and had been conducted at the site from 1965-2002, the use was neither permitted by right under current zoning, nor "grandfathered" as a pre-existing nonconforming use. The Land Court found that the production of bituminous concrete at the site had been discontinued for over two years, and ruled that a change in the Zoning Bylaw made the mere discontinuance of the use for two or more years sufficient to cause loss of its pre-existing nonconforming use protection. The company has filed a Notice of Appeal, and we will report to you on the results of the appeal at a future date.

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April 10: Attorney Lauren Goldberg spoke on the subject of the Town Clerk's role in Town Meeting and the Open Meeting Law at the Middlesex County Clerk's Association meeting in Westford.

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March 17: Attorney Kay Doyle spoke at the National Public Library Association’s Annual Convention in Philadelphia as part of a panel discussion entitled “Library Access as an Emerging Constitutional Right.” Increasingly, libraries are called upon to deal with disorderly patrons and other problematic library users, and in doing so encounter restrictions that are due to the role of the public library as the “temple” of the public’s right to receive information as protected under the First Amendment to the U.S. Constitution.

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March 1: Attorney Jeanne McKnight presented the municipal perspective on establishing "rail trails" upon unused MBTA railroad rights of way as part of a panel engaging Needham High School students in planning for the Bay Colony Rail Trail that is proposed to go from Needham Junction through Dover to Medfield.

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February 16: Attorney Michele E. Randazzo led a discussion on the use of social media and electronic communications in the workplace at the meeting of the Small Town Administrators in Massachusetts (STAM) at the Sunderland Public Library.

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February 6: Jeanne S. McKnight, head of the firm’s Real Estate Practice Group, presented an informational session to the Needham Heights Neighborhood Association on the topics of Affordable Housing and Comprehensive Permits under General Laws Chapter 40B.

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January 26: Attorney Joel B. Bard presented a seminar to the Town of Scituate Planning Board on "Roles and Responsibilities of Planning and Zoning Boards." This event was arranged by the Citizen Planner Training Collaborative, at the request of the Town. This particular course provided an overview of the functions of planning and zoning boards, with emphasis on their similarities and differences, and summarized the laws, procedures, and sources of information that constitute the main tools of planning and zoning.

More information about CPTC and its programs can be found online at http://www.umass.edu/masscptc/about.html

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January 26: Lauren F. Goldberg, was once again a faculty member at the annual Winter Conference of the Massachusetts Town and City Clerks, held this year on January 25-27 at The Sturbridge Host Hotel & Conference Center. Attorney Goldberg spoke on two separate topics. The first was “Charter Adoption & Amendment,” and her presentation focused on both perennial issues of procedure and substance and those issues that are currently of particular interest.

In addition, Attorney Goldberg presented a “Primer on All Things CPA,” that is, she addressed numerous basic issues relating to the Community Preservation Act. These included the manner of local acceptance and rescission of the Act, exemptions and options, the sometimes misunderstood role of the Community Preservation Committee, and sources and uses of the appropriations that may be made for expenditures under the Act.

For additional information, see:

http://www.newenglandclerks.org/filestorage/121/155/2012_WinterConf.pdf

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January 25: Attorney Patricia A. Cantor was a faculty member for a third time at the MCLE seminar entitled “Zoning Practice: MCLE BasicsPlus!” held via webcast and on-site at the MCLE Conference Center, 10 Winter Place, Boston, from 9 AM until 5 PM. At this comprehensive seminar, Attorney Cantor summarized significant land use cases decided by the Supreme Judicial Court and Appeals Court in 2011.

For more information about this seminar, click on the News & Events link to the left, or see www.mcle.org.

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On January 18th, three of our Attorneys; Jack Dolan, Ilana Quirk and Jonathan Silverstein presented a webinar titled “What Municipalities need to know about the new Casino Legislation”. A PDF of the PowerPoint® presentation can be found here. You will need to download and install this player to access both the audio and slide portions of the webinar, which can be found here You can find an Outline of the Expanded Gaming Act: Statutes of 2011, Chapter 194 (11/22/11) here.

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January 4: David J. Doneski appeared before the Supreme Judicial Court in an appeal challenging the ability of municipalities to seek and obtain information on public building construction bidders from sources other than the bidder’s certification file maintained by DCAM and the information listed in the bidder’s own update statement submitted with its bid, Barr, Inc. v. Town of Holliston. In 2010, the Superior Court ruled that a city or town’s review was not limited to those sources. When the plaintiff appealed to the Appeals Court, the Supreme Judicial Court transferred the case directly to its docket. The office of the Attorney General submitted an amicus brief on behalf of both the Attorney General and Inspector General, in support of the Town’s position.

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