Massachusetts Land Use Monitor

Massachusetts Land Use Monitor

Real-Time News & Commentary on Massachusetts Land Use & Real Estate Law

Tag Archives: First Amendment

Two Cheers For Nude Dancing

Posted in Police Power, Zoning
In its decision last week in Showtime Entertainment, LLC v. Town of Mendon, the Supreme Judicial Court (SJC) struck down a Town of Mendon bylaw banning alcohol at “adult entertainment businesses.”  This is the latest case to grapple with the tension that often arises between a municipality’s exercise of its police powers and citizens’ exercise of their First Amendment rights.  While the result of the… Continue Reading

Appeals Court Clarifies Powers of Association Trustees

Posted in Condominiums, Miscellaneous, Restrictive Covenants
Association trustees are batting .500 in two recent and colorful Appeals Court decisions.  Trustees of a homeowner’s association got on base in Rawan v. Massad (pdf), in which the defendants, Mr. and Mrs. Massad, decided to help their son and others in the community “play ball” by creating a regulation baseball diamond on their property.  The town had only one other ballfield, and the… Continue Reading