An Act restoring a lower threshold for permit challenges
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| Committee | Recommendation | Vote |
|---|---|---|
| J19 | Accompanied | — |
Chapter 40A of the General Laws, as amended by Chapter 150 of the Acts of 2024, is hereby further amended in Section 17 by striking out the third paragraph and inserting in place thereof the following paragraph:- The court, in its discretion, may require a plaintiff in an action under this section appealing a decision to approve a special permit, variance or site plan to post a surety or cash bond in an amount of not more than $50,000 to secure the payment of costs if the court finds that the harm to the defendant or to the public interest resulting from delays caused by the appeal outweighs the financial burden of the surety or cash bond on the plaintiffs. The court shall consider the relative merits of the appeal and the relative financial means of the plaintiff and the defendant.
Chapter 40A of the General Laws, as amended by Chapter 150 of the Acts of 2024, is hereby further amended in Section 17 by striking out the third paragraph and inserting in place thereof the following paragraph:- The court, in its discretion, may require a plaintiff in an action under this section appealing a decision to approve a special permit, variance or site plan to post a surety or cash bond in an amount of not more than $50,000 to secure the payment of costs if the court finds that the harm to the defendant or to the public interest resulting from delays caused by the appeal outweighs the financial burden of the surety or cash bond on the plaintiffs. The court shall consider the relative merits of the appeal and the relative financial means of the plaintiff and the defendant.