Land Court Sets Width and Grade of Long Unused Easement : Massachusetts Land Use Monitor : Boston Attorneys & Lawyers for Environmental Permitting & Development Approvals

Some strange aspects to this one at the Land Court level. I will admit I do not know all the facts, but I am a bit concerned with the idea that if the Planning Board does not issue a waiver the court seems to believe it constitutes an abuse of discretion.

On the flip side, I have always felt ill at ease with wording that purports to limit the discretionary powers of future Boards. In the end, there is much we can learn from this case.

http://www.massachusettslandusemonitor.com/easements/land-court-sets-width-of-long-unused-easement/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+MassachusettsLandUseMonitor+%28Massachusetts+Land+Use+Monitor%29

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