May 15, 2008, We are pleased to announce that Michael E. Malamut, JD, PRP, CPP-T, has joined our firm as our newest senior associate. Click here for more details

Landfill settlement totals $3.6m Rogers: Board will likely recommend special account to pay down bond issue (written by Jane Lopes, The Middleboro Gazette)

The Town has reached a $3.6 million settlement with the contractor and engineering firm responsible for construction of a trash cell at the Brook Street landfill, selectmen announced Monday night...

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Indemnification of Municipal Employees (written by Gregg J. Corbo)

What is the meaning of “shall” indemnify? Municipal employment brings with it many rewards, but also many challenges and frustrations. Among the latter is the possibility that a municipal “employee” (whether elected or appointed, paid or unpaid) will be sued for damages arising out of some official action. To encourage citizen participation in local government, either as a paid employee or volunteer official, the General Court of the Commonwealth has, as part of G. L c. 258, the “Tort Claims Act,” enacted various limitations on liability and safeguards to shield municipal and other public employees from personal financial loss and expense in connection with claims and suits arising out of their official duties. One of such protections is in the form of a requirement that the municipality provide the employee legal defense and indemnification against possible damage awards, under certain circumstances.

For more on this article, download the PDF and turn to page 4.

Superior Court Upholds Board of Health Regulation On Outdoor Wood-fired Boilers

Kopelman and Paige recently prevailed in what appears to be the first court challenge to local regulations governing the operation of outdoor wood-fired boilers. On February 1, 2008, the Franklin Superior Court (Velis, J.), granted the Town of Bernardston’s Motion for Summary Judgment, finding that the Board of Health’s regulation on Outdoor Wood-fired Boilers was a valid exercise of its authority to enact reasonable health regulations under the Massachusetts General Laws. The Bernardston Regulation established minimum stack heights and set-backs for new and existing Boilers, and established a heating season, limiting use of the Boilers from November 1 to April 15 of each year. Although not binding precedent, this decision should provide guidance to those Boards of Health facing community opposition to similar regulations. For more information, please contact attorney Gregg J. Corbo who has been working on this issue for several K&P clients. gcorbo@k-plaw.com