January 2018 – Miyares and Harrington LLP is pleased and proud to celebrate the 30th anniversary of its founding. Throughout its existence, the firm has concentrated on delivering quality services in the field of municipal law to governments and those who seek government services alike. We are honored to have been our clients’ local options at work for three decades, and we plan to continue in that role for another thirty years.
November 2017 – Ivria Glass Fried co-chaired and presented a panel by the Massachusetts Municipal Lawyers Association on emerging issues related to farmer winery and brewery licenses.
Rebekah Lacey participated in the development and presentation of a new unit for the Massachusetts Association of Conservation Commissions entitled “Fundamentals for Conservation Commissioners.”
October 2017 – J. Raymond Miyares and Donna M. Brewer once again have been named as Massachusetts Super Lawyers®, in the field of state, local, and municipal law. In addition, Rebekah Lacey, Ivria Glass Fried, and Eric B. Reustle have been selected as Massachusetts Rising Stars®, Rebekah and Ivria in the field of environmental law and Eric in the field of state, local, and municipal law.
Super Lawyers® is a rating service of Thomson Reuters® of lawyers who have attained a high-degree of peer recognition and professional achievement. Rising Stars® are also outstanding lawyers chosen by nomination, peer evaluation, and independent research, who are 40 years old or younger or who have been in practice for 10 years or less.
September 2017 – J. Raymond Miyares was the featured speaker at a workshop sponsored by the Berkshire Regional Planning Commission on municipal actions regarding the legalization of marijuana.
August 2017 – Donna M. Brewer spoke on the current state of the law of at-will employment in the municipal context at a Massachusetts Municipal Lawyers Association half-day seminar on Public Employment Law.
Ivria Glass Fried has been appointed to the Local Economic Development Working Group of State Treasurer Deborah Goldberg’s Alcohol Task Force. In this capacity, Ivria is assisting in drafting a statutory and regulatory overhaul of the state’s alcoholic beverages regime.
The Massachusetts Appeals Court issued a summary decision in which it agreed with the Town of Hopkinton’s position that a proposed Dunkin’ Donuts could be treated as a retail use allowed in the applicable zoning district. The Land Court had overturned a site plan approval decision on the ground that the use was necessarily characterized as a restaurant, a prohibited use within the zoning district, but the Appeals Court reversed, and stated: “A local board’s reasonable interpretation of a local by-law is given deference due to the ‘board’s home grown knowledge about the history and purpose of its town’s zoning by-law.’” Christopher H. Heep successfully represented the Town’s position. Coco Bella LLC v. Town of Hopkinton Board of Appeals, 2017 WL 3297449, 92 Mass. App. Ct. 1102 (2017) (R. 1:28).
July 2017 – Eric B. Reustle has been appointed to the Town of Upton’s Land Stewardship Committee.
Rebekah Lacey represented the Attleboro Conservation Commission before the Appeals Court in a developer’s appeal of a wetlands permit for a subdivision roadway that included a prohibition on future construction in any vernal pool buffer zone on the parcel to be subdivided. The Appeals Court affirmed the Conservation Commission’s authority (1) to consider cumulative and indirect effects when issuing wetlands permits, and (2) to impose conditions on the entire parcel sought to be subdivided when a wetlands permit is required to effectuate the subdivision. Cave Corporation v. Conservation Commission of Attleboro, 91 Mass. App. Ct. 767 (2017).
June 2017 – The Massachusetts Appeals Court affirmed summary judgment in favor of the Town of Hopkinton, represented by Donna M. Brewer and Ivria Glass Fried, against a claim that a private way was a public way by prescription. The landowner claimed that the Town’s activities on the way and the public’s use of the way caused the way to become a public way such that the Town was responsible for its maintenance and repair. The trial court found, as a matter of law, that the landowner failed to show substantial enough Town activity, exclusive for at least 20 years, such that the way was a public way despite the Town’s objection. The decision is Holbrook v. Town of Hopkinton, 2017 WL 2605477, 91 Mass. App. Ct. 1128 (2017) (R. 1:28).
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