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Derelict fee statute may not be used to satisfy minimum lot size required for building purposes.(Recent Court Decisions)(Brief article)
The Appeals Court of Massachusetts ruled that a landowner was not entitled to include the portion of his property located in a right-of-way when calculating lot area for purposes of zoning requirements.
James Sears owns a 4,800-square-foot parcel in the town of Marshfield on which he sought to build a residence. The building inspector denied his permit application, finding that the lot failed to meet the 5000 square-foot minimum area permitted under the zoning ordinance.
Sears appealed, arguing that under the derelict fee statute, his parcel had a total area of 5,700 square feet. Under the Massachusetts derelict fee statute, the title to parcels abutting public or private rights-of-way extends to the middle of the thoroughfare. Sears included the square footage of his interest in the abutting private road in arriving at a total area of 5,700 square feet. The zoning board of appeals and the trial court upheld the building inspector's decision. Sears appealed.
On review, the ...
- Measure simplifies impact fee statute.
- Newspaper article from: Spokesman-Review (Spokane, WA) March 15, 2006 700+ words
...the reason for the bill is simple. "It shouldn't be so darn complicated for the entities that have to use (the impact fee statute) that they have to hire an out-of-state consultant," he said. "It's got to be a tool that's easy enough to use...
- LEGAL STUDY QUESTIONS RATIONALE FOR LIMITING CLASS ACTIONS.
- Newspaper article from: Liability & Insurance Week January 20, 2004 700+ words
...application of the common fund doctrine rather than a shifting-fee statute. They said these data show "the amount of client recovery...awards based on a common fund doctrine rather than a shifting-fee statute because "fees in common fund cases are often awarded under...
- NORTH DAKOTA ATTORNEY GENERAL ISSUES OPINION ON WHETHER THE PROCEEDS FROM A 911...
- News wire article from: US Fed News Service, Including US State News July 2, 2009 700+ words
...expressly granted to them by the Legislature or those necessarily implied from the powers expressly granted.4 Because the 911 fee statute does not expressly say the fee may be used to acquire, construct, or lease space, the question arises as to whether those...
- Lawmakers closer to bill that would allow upgrade fees.(Local)
- Newspaper article from: The Virginian Pilot February 8, 2006 700+ words
...committee. The Home Builders Association of Virginia opposed the bill at the committee hearing. "What we fear is if this impact fee statute is expanded beyond northern Virginia and leap frogs into the Suffolk area, it's just a matter of time before Chesapeake...
- Winds of change may howl this fall. (legislation in the food processing...
- Magazine article from: Prepared Foods Pape, Stuart September 1, 1997 700+ words
...enacted this fall because the reform legislation has been linked to the reauthorization of PDUFA, the Prescription Drug User Fee Statute. Without PDUFA, FDA would be forced to lay off hundreds of employees and the well-regarded and well-functioning drug...
- Impact fees promise relief for Suffolk.(Commentary)(Editorial)
- Newspaper article from: The Virginian Pilot February 12, 2006 700+ words
...You would've thought the very future of the commonwealth depended on defeating Suffolk. "What we fear is if this impact fee statute is expanded beyond northern Virginia and leapfrogs into the Suffolk area, it's just a matter of time before Chesapeake...
- EDITORIAL: Impact fees promise relief for Suffolk.
- Newspaper article from: The Virginian-Pilot (Norfolk, Virginia) (via Knight-Ridder/Tribune Business News) February 12, 2006 700+ words
...You would've thought the very future of the commonwealth depended on defeating Suffolk. "What we fear is if this impact fee statute is expanded beyond northern Virginia and leapfrogs into the Suffolk area, it's just a matter of time before Chesapeake...
- Court takes up capital case fee issues.
- Magazine article from: Florida Bar News March 1, 2002 700+ words
...who chairs the state commission that oversees that and other death appeal issues, said he was pleased the court upheld the fee statute, adding most of the cases so far have come in well below the caps. "I think that's very positive. The registry attorneys...
