In a December 24 article entitled "School Costs Rejected as Basis for Permit Denials," Massachusetts Lawyers Weekly quoted Beveridge & Diamond Principal Brian Levey (Boston) regarding two recent Land Court decisions that may greatly benefit multi-family housing builders and developers.

The article discusses whether local boards should be allowed to deny special permits for multi-family housing based on the cost of educating school-age children anticipated at the proposed project. The permitting authorities in both cases contended that the town has the right to prefer a commercial use that generates no school costs and can be taxed at a higher rate over residential uses that impose greater costs on the public schools.  However, Brian sees the actions taken by the special-permit granting authorities in denying requested zoning relief "as emblematic of the resistance encountered by builders and developers to multi-family housing projects, which partially explains the state's housing crisis."

In stark contrast to the usual judicial deference to the local board's special permit decision, two Massachusetts Land Court judges in different cases have ruled within the span of just over one month that special permit denials based on the projected fiscal impacts from additional school-age children were invalid.

Brian has successfully represented residential developers before state agencies and municipal boards throughout Massachusetts, assisting with land use and environmental permitting. He has also defended and prosecuted many permit appeals in Land and Superior Courts, the Housing Appeals Committee, and Massachusetts appellate courts.

Click here to read the full article.

Beveridge & Diamond’s Boston Office represents developers and owners of residential, commercial, and industrial projects in land use and environmental permitting and litigation throughout Massachusetts. For more information please contact Brian Levey. Our Land Development, Real Estate, and Housing industry group represents owners, builders, and developers nationwide in matters involving land use, environmental law, and litigation. We provide land use, entitlement, and permitting and review services to businesses, utilities, governmental entities, colleges and universities, individual landowners, and other property development at the local, state, and federal levels.