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MACC files amicus brief in Smith v. City of Westfield

Wednesday, March 22, 2017   (0 Comments)
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On March 20, 2017, MACC filed an amicus brief at the Massachusetts Supreme Judicial Court in the case of Smith v. City of Westfield.

This is a very important case on whether Article 97 of the Massachusetts Constitution applies to conservation and park lands owned by a municipality if the deed does not specifically note the land is being held in conservation. The Appeals Court decision said the property deed must contain that information to have Article 97 protection. Property with Article 97 protection may not be converted to another use without an affirmative 2/3 vote of each house of the state legislature. Our contention is the deed is only one indicator and other indicators, such as management by a conservation commission, would also protect conservation land from conversion to other uses. You can read all of what we say by reading the brief.

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