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MA H1878
Bill
Status
2/27/2025
Primary Sponsor
Joseph McGonagle
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AI Summary
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Amends Chapter 40A, Section 17 to require plaintiffs challenging land use approvals to notify all defendants within 14 days of filing and submit an affidavit of notice within 21 days, or the complaint will be dismissed
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Limits judicial review to the administrative record only, prohibiting courts from considering evidence not presented to the board of appeals or special permit granting authority unless it was improperly excluded
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Establishes that courts may only overturn local land use decisions if they are "arbitrary, capricious, or illegal," with decisions upheld if supported by substantial evidence in the record
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Requires non-municipal plaintiffs appealing project approvals to post a bond covering twice the estimated annual carrying costs plus defendant's attorney fees for the expected duration of the appeal delay
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Bond is forfeited to the property owner to cover carrying costs and legal fees if the plaintiff does not substantially prevail on the appeal
Legislative Description
Relative to streamline the judicial review of local land use decisions
Last Action
Reported by committee to Clerk’s Office for processing, will accompany a study order
10/10/2025