A Message to Our Clients Regarding Covid-19

In response to the coronavirus threat, Johnson & Borenstein has been taking active measures to ensure the safety and well-being of our employees, clients, and guests, while at the same time ensuring that we continue to provide the same high quality legal services to our clients on a day-to-day basis.  We have taken preventative measures at our Andover office and are leveraging technology, including our recent upgrade to a robust cloud-computing system, to permit our staff to continue to operate and serve our clients with the same professional expertise and personal commitment Johnson & Borenstein is known for.  We will remain available to you throughout this difficult time and will keep you fully updated as to the current status of your matters. 

Please do not hesitate to contact us should you have any questions, concerns, or require assistance.

Open Meeting Law and Coronavirus Update

On March 12, 2020, Governor Baker issued an Order suspending certain provisions of the Open Meeting Law that governs various public meetings, such as the meetings of Zoning Boards, Planning Boards, Conservation Commissions, and many others.  The Governor’s Order is intended to protect public health, while allowing municipalities and the Commonwealth to continue to function lawfully during this difficult time.

Specifically, the Order relieves public bodies from the requirement to hold in-person meetings, provided that adequate alternative means of public access are provided.  This may include conference calls, video conferences, or other means, provided that the members of the public body and the public may interact in real time and at no cost to the public.  The Order also permits members of public bodies to participate by remote access, suspending the requirement that a quorum of a board must attend a meeting in-person.

The Governor’s Order should allow many public boards to function remotely over the coming weeks and to carry on their business and duties.  It appears the practical means of implementing remote public hearings will be determined on a town-by-town or board-by-board basis, and preparation for conducting business in this manner is likely still very much being developed.

Despite the unprecedented challenges created by Covid-19 (coronavirus) Johnson & Borenstein remains fully operational during this time and ready to represent and protect our clients’ interests and objectives on all fronts,  By taking practical protective measures at our Andover office and by leveraging our robust technical infrastructure and cloud computing capabilities, we remain available to you.  Please do not hesitate to reach out to us.

SJC Affirms Test for Standing in Zoning Appeals

In a highly unusual move, only one day after hearing oral argument, the Supreme Judicial Court reversed the Appeals Court decision in Murchison v. Zoning Bd. of Appeals of Sherborn, which concerned the test for establishing standing in land use cases, and reaffirmed what had previously been considered the undisputed  legal standard.

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A Contractor’s Best Friend: The Statute of Repose and Time Limits on a Homeowner’s Tort Claims

Good news for contractors, developers, and design professionals – Massachusetts’ highest court has recently confirmed that you cannot be held liable for negligent design, planning, or construction activities more than six (6) years after you finish that work. 

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