Article
Housing Alert: SJC Holds That Easement Over Municipal Land Is Not Authorized Under Chapter 40B
In the March 31, 2008 decision of the Massachusetts Supreme Judicial Court entitled Zoning Board of Appeals of Groton v. Housing Appeals Committee, 451 Mass. 35 (2008), the state’s highest court held that Massachusetts’ affordable housing statute, Chapter 40B, does not authorize the state Housing Appeals Committee, or local zoning boards of appeals, to order a city or town to convey an easement of municipally owned land to a subsidized housing developer.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
